Dear Sir/Madam, My grandfather passed away a few years ago and now the legal heir of the ancestral property is my grandmother. Can she transfer some of the property in my father's name by making a gift deed? Can my aunt (father's sister) and uncle's(father's brother who also passed away) wife and children lay claim to the share gifted by my grandmother. We about to do the registration in my father's name but I wanted to consult with lawyers here since my friend recommended me this website. Please help.
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1) how did your grand father acquire the property?
2) when did your grand father die?
3) what basis you say property is ancestral ?
4) did grand father make a will ?
5) on grand father demise grand mother , father , aunt , legal heirs of deceased uncle would have equal share in grand father property if he died intestate ie without a will
1) He acquired the property from his father. 2) 3 years ago 3) Because he inherited from his father but he had no siblings. 4) No he didnt make any will 5) I believe HUF laws varies from state to state and since I belong to West Bengal wont the gift deed make a difference so that the others wont have any claim on the deed gifted to my father.
on grand father death grand mother had only one fourth hare in property
2) your father , aunt , legal heirs of deceased uncle have equal share in the property
3) your grand mother can transfer her one fourth undivided share in property to your father by gift deed duly stamped and regsitered
On the death of your grand father without any Will,his widow and his sons and daughters become the inheritor of all his properties in equal shares.
I am not sure why and how you have mentioned that your grand mother became its sole owner.
In that case your grand mother can only gift her share to anymore including your father but she can transfer shares of your uncles and aunts.
For further assistance feel free to contact me.
If this property belonged to your grandfather and he is reported to have died intestate, then the property shall devolve equally on his legal heirs consisting yor grandmother, your father , your paternal aunt and the legal heirs of your deceased paternal uncle. your grandmother alone canot become the sole owner of your grandfather's properties left behind on his death. She can transfer her own share in the properties to anyone of her choice and nothing beyond that.
I believe HUF laws varies from state to state and since I belong to West Bengal wont the gift deed make a difference so that the others wont have any claim on the deed gifted to my father.
HUF properties or law do not differ from one state to another as you think.
This property shall come under HUD.
This property shall be your grandfather's own and absolute property which upon his intestate deaths, shall devolve equally on all his legal heirs.
Therefore your grandmother can acquire only her own legitimate share i the property and she can dispose or transfer it in any manner and to the person of her choice.
Please be aware that your paternal aunt and the legal heirs of yor deceased paternal uncle are entitled to their legitimate share in the proprieties.
They cannot be ignored are deprived of their rights in the properties, they may go to the court seeking their respective shares.