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Gift deed partition

My brother without my knowledge registered a gift deed in the thasildar office ..but it was not done mutation process ..at that time I went there stopped that process ..still it is pending at the thasildar office..I want to do partition Deed but my bro not agreed my words ..he want to do gift deed only..boundaries were decided by brother..we were not distributed our physical possession..if my father will pass away what will happen ?

( Kurnool, Andhra Pradesh )

4 months ago

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A.
Dear Client,
Your query suffers from information and transparency to address it suitably. However, be informed that if the property is the self-acquired property of your brother, he can gift it to anybody as per his wish. None can claim a share in the said property as a matter of right. Mutation of the property has no bearing on transferring a property either through gift or otherwise. Mutation is done post-transfer of the property by the new owner once the property is transferred through a registered deed of gift/sale. In case your father passes away intestate, i.e., without a WILL, then all the surviving legal heirs are entitled to an equal share in the property left by your father following the law of succession/inheritance.
S. K. Dutta Advocate S. K. Dutta
S. K. Dutta
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