Title dispute
3 years ago
my father's maternal grand mother had gifted her property in the name of my father's elder brother (a Minor) in the year 1949. My father was not born at that time. The said property was jointly managed up to 2016, how ever after my father demise, his elder brother has filed law suit claiming sole owner of the property. My question:-
(a) do the Grandmother had right to gift property to minor grand children before Hindu Succession Act 1956?
(b) If not does it confer right of every brother over property gifted to elder brother.
(c) If the property in the possession of every brother, which can be proved because several court cases was found against the maternal grand mother relatives together by all the brother.
a. No, she would not have such a right, unless the property was self-acquired.
b. Yes, all siblings would be legal heirs along with the older brother.
c. You can file a suit for partition.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
The property was ancestral and as such, she cannot transfer the full property without the consent of all legal heirs. Since your father's demise, you are the legal heir to your father's share.
a. No, as she would have been unable to claim ancestral property, unless it was left to her by way of a will.
b. Yes, it would. All siblings would be legal heirs along with the elder brother.
c. You can file a suit for partition.
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