Legal Right in property. Legal Right in property.

5 years ago

We are Hindu (Bengali) from West Bengal. My Grandfather had inherited a property (recorded in CS record) from his father intestate. Grandfather died in 1970. My Grandfather had one son (my father) & one daughter (my aunt, Married). After the death of my grandfather, my father recorded the entire property in his name and recorded in CS record in the year 1990. My father has two son, Me & my elder brother. In 2008, my father gave all the property to my brother through gift deed (registered) and the same was mutated later. My brother then sold the entire property in 2010. My father died in 2018.
I have two main question:-

Q1. Whether the gift deed by my father & selling of the property by my brother is legal? Since my father has recorded all the property in his name bypassing my aunt.
Q2. Whether there is any scope for ME for getting a share in the property which has already been gift deed & mutated and later sold by my brother?

VIMAL K MISHRA

Responded 5 years ago

A.Because the said property was ancestral property therefore, in the said property, you and your aunt should right to get share. Both you and your aunt will file a civil suit for succession.
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Anonymous

Replied 5 years ago

Claim/Civil suit for ancestral property can be made for Bengali's residing in West Bengal?

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client As property was acquired under Gift Deed so sale is valid however your aunt may question it in Court. But property is ancestral then you can get your share as well
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ROBERT D ROZARIO

Responded 5 years ago

A.as per recent ruling by supreme court daughter shall have equal right in the property as that of a son. Here your aunt can file a civil suit for cancellation of the gift deed and sale deed alongwith a partition suit in the property. Let the court decide what is best for the interest of the parties.

If she is successful then you too can file a partition suit and demand for your share from your elder brother.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,

My answers are as follows:

Q1. Whether the gift deed by my father & selling of the property by my brother is legal? Since my father has recorded all the property in his name bypassing my aunt.
Ans: As property was acquired under Gift Deed so sale is valid however your aunt may question it in Court.

Q2. Whether there is any scope for ME for getting a share in the property which has already been gift deed & mutated and later sold by my brother
Ans: If it is self acquired property of your father then you can get any share.
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Anonymous

Replied 5 years ago

Sir
Thanks for your early reply.
However,
1. Only my aunt can challenge in court? Not myself?
2. The property was devolved from my Grandfather to my father on his death intestate. I am a Bengali Hindu from West Bengal. Can I challenge the gift deed & fight for my share?

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