My Gand Father has some property, he has written a WILL (not registered) according to that WILL all his properties belongs to my Grand Mother. My Gand Mother transferred that property to me and my Father through a Gift deed which is registered (As per the gift deed my Father has only rights to take the income from the property and written property sale rights to me) before My Father's Second Marriage. One year back my father got expired, now my Father's Second Family members did not hand over the property and also not giving any income which was getting through that property. They are saying your father's rights automatically transfer to his second wife, so we are not handover the property.
Can I claim my property right now? If Yes what is the procedure for this
A.Hi,
Please produce the gift deed to a lawyer. Since you are his son, you have right over his property after his death. When a property is transferred to someone, it is necessary to transfer it by conveying absolute right to the transferee, and only certain and reasonable restrictions can be imposed upon the transferee as per the transfer of property act, 1882. In your case, the gift deed should be studied and understand the nature of the transaction to you and your father.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to scrutinize that registered Gift Deed which was executed by your grandmother in your favour for its scope,meaning and effect. Without perusing the legal implications of that Gift Deed, legal opinion cannot be given.
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