Family property dispute
2 years ago
My father passed away recently. My stepmother gifted 8 acres of agriculture land to my stepbrother. Instead of getting a stay on this gift deed or cancelling the gift deed or going for a partition claim, I want to claim a similar gift deed from my father's property. Is this possible
Intestate Succession in the Event of a Male Death. If a man dies intestate, that is, without a will, his assets are dispersed according to the Hindu Succession Act, and the property is passed to the deceased's lawful heirs. In this situation, the length of time is determined by the value of the property and the number of legal encumbrances owed to the deceased person's legal heirs.You can get a gift if your stepmother transfers it in your name.
Thank you.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Intestate Succession in case of Death of a Male. In case a male dies intestate, i.e. without making a will, his assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. In the present case, the time depends on the property and the number of legal encumbrances depending on the legal heirs of the individual who died. You can get a gift if your stepmother transfers it in your name.
Thank you.
If your father has died intestate then you will automatically get the part of the property.
If he has left a will completely on your step mother's name you cannot help it.
First, try to get the information that how your step mother has got the property in her name . Is there any kind of illegal or unauthorized means adopted or not
Thank you
Gift deed can only be made by the owner of the property.
If it's an ancestral property then even your father can not transfer the property only in your stepmother's name you have full right.
If the property was brought by your father then he could have made a will that states that after his demise your stepmother will be the successor only then your mother can make a gift deed to her son, otherwise if there is no such will in present then you have equal right over your father's property and Your stepmother can not gift any of such property because she is not the sole successor or heir.
Thank You.
Lucem Leg
Responded 2 years ago
A.Dear Sir/Mam,
Kindly share full details. Was your father died intestate or made a will before the death as it depends on that if your step mother got the ownership on the basis of will only then she can gift the land through the gift deed otherwise she is not competent to do so. Kindly check the above mentioned thing first. You can only claim if it found that she did it unauthorizedly.
Sidhaarth
Responded 2 years ago
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