Great grandfather can execute gift deed of his property in favour of grand nephew
2) once gift is executed donee becomes absolute owner if the property
3) I presume gift deed was stamped and registered
4) aunts would not have share in said property
Property share for my aunt in my grandfathers property
Hi, My great grandfather(1) and his elder brother(2) had only one daughters(1.1, 2.1) each. My great grandfather had some property(not sure if inhereited or self acquired). He had only one daughter(1.1) and married off to my grand father. She had 1 son(my father- 1.1.1) and 2 daughters(my aunts-1.1.2,1.13). My great grandfather had gifted the whole property to his elder brothers grand son(2.1.1). Later after few years, half of the share of the property from 2.1.1 was gifted only to my father(1.1.1). Now my father has gifted the property to me(1.1.1.1) and my brother(1.1.1.2). My Aunts(1.1.2,1.1.3) wants a share in this property and are checking for legal options to get it. Is it legally possible to get the share in this property and how strong will that case be? Kindly suggest.
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
1. The proeprty acquired by way of gift deed obtains the character of self acquired proeprty and hence the other legal heirs can not claim share by right of birth.
2. So in other words your aunts can not dispute the gift deed done your name anymore. Even of she filed any case that case would be without any merit.
3.So relax and enjoy the proeprty.
Thanks a lot for your response. One share of the property has been gifted to me in 2005 Dec. When we have taken the EC now, we see an lease entry in the EC in Feb 2005. It is a lease agreement between my father and his sisters son for 20 year for industrial purpose. The lease is ending in 2024. But there has been no activity of any industry development done by him so far. Also he is not ready to release the lease from his end. He wants a share, even though it is illogical. Please suggest if there is a way to get back the land or cancel the lease now that i am the owner. Thanks.
Asked 7 years ago
There must be termination clause in lease deed
2) you can terminate the agreement by giving notice as provided in agreement
3) if he refuses to vacate premises file eviction suit
Now my father has gifted the property to me(1.1.1.1) and my brother(1.1.1.2).
My Aunts(1.1.2,1.1.3) wants a share in this property and are checking for legal options to get it.
Is it legally possible to get the share in this property and how strong will that case be
From your contention it can be observed that your great grandfather's brother's grandson gifted half of his property (gifted to him) to your father.
If this is fact then your father becomes an absolute owner of the property so acquired and he has got full rights to dispose it in any manner and thus distribution of this property to you and your brother is a legally valid transaction.
Your aunts do not have any rights to claim a share out of this property.
No case seeking a share or partition would be maintainable even if they go ahead with filing a partition or any kind of suit
The lease is ending in 2024. But there has been no activity of any industry development done by him so far. Also he is not ready to release the lease from his end. He wants a share, even though it is illogical. Please suggest if there is a way to get back the land or cancel the lease now that i am the owner.
You must go through the conditions of the lease agreement that if there is any condition stating that if the property under lease is kept idle without utilising the purpose of least then upon notice the lessee shall be obliged to vacate.
Even otherwise you can give a notice to the lessee stating that the property remains idle without any maintenance he is liable to vacate or action would be initiated to evict him through due process of law.