Hi I am 37 years old (son). My mother expired in 2013. My mother's mother has no male issues. Only three female issues. Of which my mother is one. My mother's mother got the property from her father by way of will. That property is the self Acquired property of my great grandfather (maternal). My great grand father has only one daughter i.e., my mother's mother ( no male issues) Now My mother's mother has gifted the entire property to my aunt i.e., my mother's youngest sister. My grand mother is 73 years old. She was in good state of health except she had BP & Diabetic. Was it compulsory to take my & my aunt (My mother's elder sister) signature for the gift deed. My Aunt (My mother's elder sister) consent is there for this gift deed. This gift deed is made without my knowledge. Now can I file a suit for partition under ancestral property or under any other law. If not what is the best option to get property from my grandmother. Under what section.
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1) your grand mother can bequeath property to your aunt by will
2) your consent and that of your elder aunt is not necessary for executing gift deed
3) even if you file suit you would not get any reliefs
4) property received by grand mother under her father will would be grand mother self acquired property
your grand mother is of sound health
she is mentally fit to execute gift deed
merely because she is diabetic and suffers from high Bp does not imply that she cannot execute gift deed
1.Since the proeprty belongedto grand mother was her self acquiredproeprty she cna give it to anyone she chooses.
2. So while making gift it to one of her daughters she did not require consent of anyone including her other daughter or her sons.
3. in the said proeprty you had or have no share.
4. So if you file any suit for partition the same would be dismissed for sure.
-Your mother's mother was free to pass on this property to any one as per her liking, including your aunt.
-She needed no one's consent to bequeath this property of which she was the absolute owner.
-No point filing any case.
1. The property which is bequeathed to an individual becomes his separate property which is his self acquired property for all intents and purposes. A property received through a bequest can be alienated/gifted or further bequeathed by the beneficiary in the same manner as his self acquired property. This is not ancestral property by any method of legal interpretation/
2. The will made by your grandmother does not suffer from any legal infirmity. She did not require the consent of anyone to make a bequest. Consequently, you have no locus standi.
This is not ancestral property.
This property is your grandmother's own and absolute property.
She need not take the consent of her an other surviving daughter to transfer the property to her youngest daughter by executing a registered gift deed.
She has transferred the property during her lifetime which is legally valid transaction.
In this neither you nor our mother, if she was alive, can stake a claim for a share in the property as a right.
The ancestral property shall be from from male descendant and that too it should have devolved on three generations to become ancestral in the hands of the fourth generation.
No suit for partition or any other reason is maintainable in this regard.
If you have signed the gift deed as witness then there is no option for you to now challenge the said transfer, moreover the land is question is not an ancestral property as per law and therefore you are not eligible to challenge the transfer.
The opinion has been rendered on the limited facts posed by querist.
Regards
