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Agricultural land family dispute
2 years ago
My grandfather who is healthy has 10acres of land of which half is from his own earnings and other ancestral property. He recently gifted it to me(18) and my sister(17) willingly. Now my fathers sister(aunt) wants a share of it too. Can she file a case how should I proceed
A.Dear Sir,
During his lifetime she cannot file any case for partition as it is his self acquired property and he can gift it away to anybody. In the meanwhile you may get change Katha in your name and dispose it of or raise big loan on property and thus complicate the issue.
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During his lifetime she cannot file any case for partition as it is his self acquired property and he can gift it away to anybody. In the meanwhile you may get change Katha in your name and dispose it of or raise big loan on property and thus complicate the issue.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Dekhiye aap ne ye nhi bola ki aap kis state se belong karte hai. Kyon ki har state ka apna ek agriculture law hota hai. Kyonki agriculture property par state ko kanoon banane ka pura adhikar hai.
Isliye aap kisi revenue ke advocate se contact kare or unko apni problems share kare. Vo aap ko uchit help kar sakta hai.
Aap ko kon si property gift ki hai. Yadi aap ko vo property gift ki gai hai jo aap ke grand father dawara kharidi gai hai. Tab aap ke father or aunty koi claimnhi kar sakte hai.
Dusr ke father or aun
Isliye aap kisi revenue ke advocate se contact kare or unko apni problems share kare. Vo aap ko uchit help kar sakta hai.
Aap ko kon si property gift ki hai. Yadi aap ko vo property gift ki gai hai jo aap ke grand father dawara kharidi gai hai. Tab aap ke father or aunty koi claimnhi kar sakte hai.
Dusr ke father or aun
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Dear Sir/ Madam,
Your aunt can ask her share and if required file a case too in ancestral property but as far as his rest property is in concern it is his sole discretion to dispose of it the way he wants.
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Your aunt can ask her share and if required file a case too in ancestral property but as far as his rest property is in concern it is his sole discretion to dispose of it the way he wants.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Your grandfather cannot deprive his daughter from his ancestral property but he has every right to transfer in registered manner his self acquired property in favour of any person of his choice .
In the instant case if the gift in your and your sister's favour were done by your grandfather in registered manner exclusively from his self acquired property, then your father's sister is not legally entitled to claim any share therein but if such gift involves his ancestral property then his daughter has the right to challenge the same.
Your sister being 17 yrs of age has not attained the majority ,therefore, any registered Gift Deed in her favour must be accepted by her natural guardian.
In absence of registration of Gift Deeds, property transfer cannot be completed.
In the instant case if the gift in your and your sister's favour were done by your grandfather in registered manner exclusively from his self acquired property, then your father's sister is not legally entitled to claim any share therein but if such gift involves his ancestral property then his daughter has the right to challenge the same.
Your sister being 17 yrs of age has not attained the majority ,therefore, any registered Gift Deed in her favour must be accepted by her natural guardian.
In absence of registration of Gift Deeds, property transfer cannot be completed.
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Vaidehi Samant
Responded 2 years ago
A.Your grandfather's self acquired property he can gift to anyone he wants so those portions of land which are his self acquired cannot be challenged by anyone but the other ancestral portions of land cannot be gifted and have to be decided as per Succession law so in that ancestral land you and your sister will have certain share but except that certain share the remaining portions can be challenged by your other relatives, hence talk to them and try settle the dispute if possible so that unnecessary litigations can be avoided. Thank you.
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A.Dear Sir/ Madam,
Yes as his daughter she can ask for her share and is entitled to it but cannot force it on your grandfather. She can legally enforce her property right over his ancestral property and can file a suit for partition.
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Yes as his daughter she can ask for her share and is entitled to it but cannot force it on your grandfather. She can legally enforce her property right over his ancestral property and can file a suit for partition.
If you find this response useful please rate me.
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