• Share for property

We are hindu
 grandfather got 20 acrs property from his father. he devoloped the property 20 acrs to 100 acrs. he died 1973. my father had 3 brothers. after grandfather died, 4 brothers got 25 acrs to each. 
 we are 2 sisters and one brother. my father wrote all property 25 acrs to my brother and brother family, without our concern. there is no agreement between brother and sisters. 
 can we (daughters) claim for share in 25 acrs property. father age 88 and daughters age are 66 and 64. my brother age 56. all are alive.
Asked 7 years ago in Civil Law

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6 Answers

1)it is not ancestral property

2) father can execute gift deed for 25 acres of land in favour of his son . gift deed should be stamped and regd

3) in alternative father can bequeath property by will to his son

4)once gift deed is executed duly stamped and registered your brother would be absolute owner of 25 acres of land

5) you can file suit to set aside gift deed but it has to be proved that gift deed was executed by coercion or undue influence

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

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1) you have to file suit to set aside gift deed

2) seek injunction restraining brother from cultivating 25 acres of land .

3) in alternative pending hearing and final disposal of suit to deposit income from cultivation of said land in court

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

can we (daughters) claim for share in 25 acrs property. father age 88 and daughters age are 66 and 64. my brother age 56. all are alive.

Your father acquired the property by a partition among his brothers. Thus this property becomes your father's absolute and own property.

Thereby he has got full rights to decide about the disposal of the property to whoever he may wish to give and he need not have to take the consent or NOC from anyone to transfer this property to your brother's name.

Thus you sisters nor anyone has any right to seek a share or claim over the property which is your father's absolute and own property.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

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what is the daughters age limit for getting share in ancestral property.

There is no age limit to seek a share in the ancestral property for the daughters.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

how to stop cultivation in 25 acrs my brother land

You cannot stop cultivation in the landed property because you have no rights over it as on the date.

Dont be misguided by the words of rumor mongers or the greedy people around you.

You may end up as a loser and may lose even your energy, money and time due to this.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

The share which your father inherited from his father i.e your grandfather constituted his separate property which he was at liberty to bequeath to anyone. The right of a testator to discriminate between his heirs at the time of making a bequest of his property is universally recognized. So you have no claim to the property except if you can prove that on the date of bequest the property was ancestral in your hands.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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