Suit for partition on property Suit for partition on property

1 year ago

Iam a hindu,my grandfather purchased the property from her family male relation by his own income and in 1973 my grandfather transferred his property as a marriage gift by settlement deed out of love and affection to my mother and my mother have five children's that is 4 daughter and one son that is me.im only care taker of my mother.my mother transferred his property by way of out of love and affection to me by gift deed in 2021.it comes under ancestral property or not.they file a partition suit against me and mother and told to divide 4/6 of property and to cancel the property as null and void.my mother is still alive.they are saying this is my grandfathers property.do they have equal right or not under hindu law please tell me sir.my mother build this property and paying taxes there on.my grandfather given by this land empty and my mother build this property and paying taxes and electricity bills.Also they are saying my mother also no authority to give his property to me.plaese tell me to solve the problem sir.

Anik

Responded 1 year ago

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A.Dear Client,
as it is given to your mother through a gift deed, even if it is the self acquired property of your grand father, it will be considered the self acquired property of your mother and it is up to your mother to whom she wants to transfer the property. if she makes a will, then the property must be transferred according to that will.
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Advocate Sinjari Bandyopadhyaya

Responded 1 year ago

A.To give opinion whether it is ancestral property or not, it is necessary to know whether that Purchase Deed as well as subsequent Gift Deeds were Registered or not.
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