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
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
If she is successful then you too can file a partition suit and demand for your share from your elder brother.
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.