• Father's property sharing

Dear Lawyer,

My father-in-law had 3 acres of land and house earned by his OWN. Also had 15 Lakhs of bank balance. He was passed away 3 months back and his wife also died long ago.

He had two sons and three daughters, all are MARRIED. 

The issue is he wrote a GIFT DEED settlement that all of property goes to his YOUNGER son ALONE. Also the DEED is registered.

The bank balance is currently accessed by his YOUNGER son ALONE.

We came to know this recently. This was not informed to other family members formally or informally.

My doubts are:

1) Can the other son and daughters will have rights to get share in the property of his father ? w.r.t above mentioned scenario.

2) Can the other son and daughters tender for a stay order for the property in court?

3) How to claim the share for the bank balance ? 

4)Overall, Can other son and daughters fight for their share? 
 If yes, 
 How long this case will last?
 How much approximate expense will occur for running this case?

Please respond for all questions and additional comments if any. 


Thanks in Advance,
Thenralarasan M
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) other children will have to file suit to set aside gift deed on account of undue influence .or coercion

2) seek stay for sale of property by younger son

3)whether money lying in bank account is mentioned in gift deed

4) if not obtain succession certifcate from court in respect of money lying in deceased father account

5) suit may take some years to be disposed of .

6) legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) if bank account not mentioned then obtain succession certifcate from district court

2) you cnnaot claim letters of adminstration in respect of father immovable property as father had alreeady executed gift deed in favour of son .

3) you have to file suit to set aside gift deed sekk injunction restraining younger son from creating thrid party rights in respect of said property

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. There is nothing called "GIFT DEED settlement". What your father in law did is that he had gifted his properties mentioned in the Gift Deed by registering the same. Form the day he had registered the said Gift Deed, even he himself had no right on his said gifted properties. So, none of his other sons or dauhters can claim any right, title or interest on his said properties which he had gifted to his younger son through his egistered gift deed.

2. For claiming share on he said gifted properties, other brothers shall have to file a partition suit challenging the Gift Deed on the ground that the said gift deed was made to be registered by their father against coercive measures.After filing the said partition suit, the other brothers can file an application u/o 39 r 1 & 2 praying for an order restraining the respondent to deal with the said suit property till disposal of the said partition suit.

3.They can claim their share of their father's properties only after proving that the said gift deed has been illegally got executed and registered by the younger brother.

4. Other sons and daughters have no share on their father's properties since his properties have already been gifted to the younger son unless they can prove that the said gift deed is invalid as suggested above. The expenditure to be incurred will vary from place to place and from lawyer to lawyer and may be Rs.60 K for filing the suit and Rs.3 k for each day's appearance.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) Can the other son and daughters will have rights to get share in the property of his father ? w.r.t above mentioned scenario.

If the deceased had already transferred his properties in favor of one son during his lifetime, there is nothing to claim by others at this stage. He has not died intestate hence others may not be eligible for any share in the property.

2) Can the other son and daughters tender for a stay order for the property in court?

It may not be maintainable.

3) How to claim the share for the bank balance ?

First issue a legal notice to bank to stop payment of the claim amount to others until there is a court order on it.d.

4)Overall, Can other son and daughters fight for their share?

No, once the property has been legally transferred by a registered gift deed, others cannot claim any share in the property.

If yes,

How long this case will last?

How much approximate expense will occur for running this case?

No predictions on these questions.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Bank account not mentioned in gift deed.

1) Whatever is mentioned in gift deed ; Other children cannot claim. Am I right?

Please explain some how clear about getting stay order..

A gift deed is valid only when no consideration has been passed.

In the gift deed the other non-beneficiaries cannot claim any share in it.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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