Gift deed is manipulated suit filed Gift deed is manipulated suit filed

2 years ago

my grand father self acquired property after the death of grand father all the four sons partition the property one is my father and other are my uncles my father gift the property to my name my sisiers and my elder brother suit filed for partition and also take temp injuction it is ancestors property no rights to father gift the property to one son and also manuplated the gift deed and it is more than three years now is in evidence stage please give advise what step to taken for early disposed the case because the property is injuction not take any loan or sell the property

Anik

Responded 2 years ago

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A.Dear Client
Prior to partition, that property was self acquired property of your grandfather so as per definition of ancestral property supported by Supreme Court reference, it was never an ancestral property prior to Partition and. therefore, your elder brother has no legal right to claim it as his ancestral. You have all the rights in the property, however, please provide all the legal documents of the property including gift deed.
Thanks
Regards
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,

You may lodge police complaint and also file Civil Suit.

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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.You have merits in your case .To give opinion, it is necessary to scrutinize the documents of your Court case as well as the registered Gift Deed. Please take note that prior to such partition as that property was self acquired property of your grandfather so as per definition of ancestral property supported by Supreme Court reference, it was never an ancestral property prior to Partition and , therefore, your elder brother has no legal right to claim it as his ancestral. Please take note that prior to Partition if that property would fulfill the definition of ancestral property, then after partition as male child of your father, your elder brother could claim it as his ancestral property but in the instant case, on the basis of the fact as stated by you, your elder brother cannot claim it as his ancestral property.
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
if the case is going on and it is in the evidence stage then you should be happy that the case is moving on. Let the stages go on one by one and all the parties bring their evidence and arguments. There is no mechanism to speed up the case except for asking the court to give short dates.
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