• About a gifted farm

My father got farm as a gift from his mother's sister which he had taken care of till the her death.
Now my father's siblings asking share on this property & they went upto court to get their share.
Will they get the share on this property which is not own parents property? 
And property is in my father's name only since 15 years
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

1.It is not clear from your query in which mode of transfer your father received this property from her aunt.

2. if his aunt has given this property by way of registered deed of gift then no one except your father is its lawful owner and hence no once can claim any share in it.

3.So forget thir claim as their claim is nothing but baseless and empty claim. There is nothing to worry about this.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

No your father's siblings won't get the property since your father holding title of same property farm house by gift.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

Dear Concerned,

As your father is registered owner of the property through a gift deed - that was her choice to gift the property to your father and hence these siblings will not be able to get a share in the property - consult a good lawyer and try to get this case dismissed in initial stages itself.3

Best of luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1) once gift deed is executed by aunt your father would be absolute owner of the property

2) your uncles have no share in said property

3) even if they have filed case in court they would not be granted any reliefs by court

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) once registered gift deed is executed your father is absolute owner of property

2) it is not necessary that any consideration should change hands

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

If the gifted property was the self acquired property of donor i.e your father's aunt then she had absolute competence to gift it to your father. Your father's siblings have no share in this property, so your father should fittingly contest their suit.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If the property was properly transferred by executing a registered gift deed on your father's name, then their case shall not be maintainable and they cannot get any relief through court in that aspect.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

A gift deed should be a registered document and there should be no consideration passed for this.

The gift deed in favor of your father is satisfying the vital conditions hence he is the absolute owner of the property, the vexatious suit filed by his siblings shall not be maintainable and is liable to be dismissed.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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