• Legal heir to property

Sir/Madam 
I am young 18 year old student from Assam. And i want a legal advice over a decade long property problem of our family. Sir/Madam my father along with his elder brother is dead in 1996 and 2001 and my mother is still unmarried. I am the only son of my father and from our family I have 2 cousin sisters from my father elder brother side. So the property problem I am facing is that I don't have any land over my name neither my mother those as In the year 2003 my grandfather gifted most of his land to my cousin sister. So my question is that is their any chances for me to get my land back? We do have control over the lands.
Asked 2 years ago in Property Law from Golaghat, Assam
1) you have not mentioned whether it was self acquired property of your grand father or ancestral property . 

2) if it was self acquired property your grand father could execute gift deed in favour of your cousin sisters 

3) please clarify as to whether gift deed was duly stamped and registered? 

4) in case gift deed was stamped and registered  your cousin sisters are now absolute owner of said land 

5) you have no chance of getting the said land back
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
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1. You and your mother shall inherit share of your father .
2. You or your mother shall not receive anything from the property gifted by your grand father to your uncle.
3. So if any property purchased in the name of your father or in joint name of your father and uncle and/or in the name of your grandfather alone, then only you and you mother inherit the property.
4. If there is any of the properties as mentioned in clause (3) above but you are deprived of getting its share then you can file a suit for partition to get your due share in it.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
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1) if property is ancestral your grand father could not  execute gift deed of entire property in favour of your cousin sisters . 

2) you have not clarified on what basis you say property is ancestral . 

3) who was the owner of property/how did it devolve on your grand father . ?
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
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A details history about the matter is important for giving a perfect answer .If the gifted land is from ancestral property then the gift deed is not valid one. Your grand father has no legal right to transfer the property only to your cousin sister’s name.
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
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1. On what basis have you termed the property as 'ancestral'? 

2. If the land is ancestral in nature your grand father could not have made a gift deed of the entire property in favour of your cousin sisters. 

3. The original title deed of the property would throw light on the character of the property.

4. If the gift deed is set aside by the court then all the legal heirs of your grand father will get an equal share in the property.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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Consult a lawyer and show him the original title deed to ascertain whether going to court will be productive or not.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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A. In your case, if the property was ancestral subject to confirmation from the local legal expert, your grandfather could not execute gift deed on behalf of your cousin sisters.

B. You can challenge the gift deed before the court and contact local advocate to verify the documents to know the origin of the property.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
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1. If the land is self acquired land of your grandfather then he can execute and register entire or anypart of his said property to anybody he wishes to, including your cousin sister,

2. The said gift deed is required to be properly stamped and registered to be enforceable in the eyes of law.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
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1. There is a misconception amongst public about ancestral property,

2. If the title of the property flown from your great grandfather to great grand children without any interruption like partition, sale, gift, settlement etc., then it is an ancestral property for you,

3. If it is an ancestral property, w hich I doubt very much,  then you can challenge the gift deed eceuted by your grandfather to your cousins.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
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if land was ancestral so your grand father has right to alienate it either by gift. you can't challenge it. if you are above the age of 18 years at the time of gift made by your grand father then you can claim it in court ( all property is gifted) on the ground that you have vested interest in that property but only a part of property is gifted then you have no right to challenge it.
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
if you are a Muslim then you have right to challenge it because all property can't be gifted to any one  without consent of the all heirs. because in muslim personal law no principle of joint family is found so on the death of father all children have right to inherit in father's property but in Hindu law karta or manager of the joint family has right of alienation over the joint family property.
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0

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