• Gift deed

My father got the immovable property by a gift deed from my Grand father in around 1953. Now my father gave that property to my younger  brother and his wife in 2009. My father , mother, and younger brother died in 2014,2010, 2015 respectively. I used to pay the mediclaim insurance of my parents but my younger brother's family did not allow me render any medical facilities to them only once I paid the cataract operation expenses of my mother through mediclaim. Now the wife of my younger brother is going to give the property for promoting for monetary gains.Till date I gave no objection neither let them know of my knowledge. Can I proceed legally now. My younger brother has left behind two siblings. Please give me an expert advise. Can I teach a lesson to the wife of my younger brother who destroyed our family ?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) once gift deed is executed by your father your younger brother and his wife would be absolute owners of the property

2) on younger brother demise his wife and children would be absolute owner of the property

3) you and your siblings have no share in said property

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. Do note that once your father transferred the proeprty to your younger brother and his wife in 2009 they became its absolute owner.

2. So on the death of your younger brother his wife and children, if any, become its lawful inheritor/owner.

3. In that event they being its absolute owner can deal with the proeprty in any manner they want.

4. Unfortunately in spite of your sister in law being prejudicial to you , nothing could be done to her as far as this proeprty is concerned.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

First of all confirm if your father transferred the property to your younger brother and his wife by a registered deed.

If yes, then this becomes as an absolute property of your younger brother and his wife.

Upon the death of your younger brother, his wife shall inherit a share in his share besides his children and her own share in the property.

Under such circumstance you cannot claim any share in that property and your claim shall be unlawful and illegal.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. Law is not for teaching lessons or for settling scores. it is for seeking justice.

2. The property was finally owned by your younger brother and his wife.

3. After the demise of your younger brother, intestate, his share of the property will be equally inherited by his mother, wife and children.

4. In the instant case his mother also demised before the death of your brother for which the share of the property of your brother will be equally inherited by his wife and children.

5. In the above matter, you have no claim on the share of the said property of your brother.

6. Your younger brother's wife and her children are within their rights to deal with their said property the way they liked.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear Sir..

Its better for you ..that you legally enter in your dispute...file the civil case in court of law..then you can got your share..and also teach the lesson ..

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

The property which a person gets through a gift deed becomes his separate property which he can sell, bequeath or gift in the same manner as his self acquired property to anyone he desires. You have no cause of action to challenge the alienation made by your father.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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