FILE an application for the set aside of the ex-parte order.

it can be done but u have to give strong reasons in court about your non appearance earlier.

1) once gift deed has been executed duly stamped and registered you would be absolute owner of the property

2) it had to be proved by grand father that gift deed is fake

3)if property was ancestral grand father could not have executed gift deed in your favour

1. it is not clear hethet the prpeptty gifted toyou is indeed ancestral or not.

2.if not then you do not have much reason to worry.

3.Even if it is ancestral then also it will take many years to prive this fact and the dispute can be dragged upto supreme court.

4.So you can relax till that time and enjoy the property to its fullest,

Property which has remained undivided for four generations is ancestral property

2) if it is ancestral grandfather could not have executed gift deed in your favour

If the gifted property happens to be ancestral that is it has not been divided since last 4 generations then they have a steong case to fight, since the ancestral property can only devolve as per the succession rules and not otherwise.

If in the summon it is mentioned that you are X whereas you are not X then you are not duty bound to receive the summon.

However in that case the court may proceed ex parte to pass an order.

Regards

If you file written statement explaining your absence the ex parte hearing would be vacated.

Your grand father can not cancel it anymore.

If expiry will help your case.

If he expires then also since it is an ancestral property the property will devolve upon all the legal heirs and the gift deed will have less validity.

Regards and Thanks

Yes you have a good chance because your grandfather is live. So you can fight the case and any property have owner name or title is living so that property is self acquired property not ancestors property.

This doesn't appears to be an ancestral property to me, since this was standing in the name of your grandfather. I'm assuming that this property came to him post partition of the ancestral stock of property. If so is the case, their no merit in this case and it will be easily dismissed.

If this case still hasn't been decided, you can still appear in it and contest it.

The Hindu laws of succession and inheritance are governed by two major traditional legal treatise—the Dayabhaga school that applies to Bengal and Assam and Mitakshara, which governs the rest of India. Mitakshara says each person on his or her (following the 2005 amendment giving a daughter equal property rights) birth acquires an equal interest with his/her father in the joint family property.

If the gift deed was literally handed and signed over to you by your grandfather then you need not worry and face the trial as proving of the document and signature will be long lasting battle. But till den you can always enjoy the property.

Since the property is ancestral gift deed is illegal and void.

If your grandfather expires then his legal heirs can carry on the case.

Hope my reply helps you.

You've an excellent standing in this case. The limited thing that you need to do is to prove that the property gifted to you by your grandfather wasn't an ancestral property. Once you do this, this case is ought to be dismissed.

After the death of your grandfather, he will be substituted by his legal heirs.

1) you have to deny that it is ancestral property as far as grand father is concerned

2) on demise of grand father his legal heirs can continue the case against you

3) legal heirs have to be brought on record

1. Once the gift deed is executed the title passes instantaneously to the donee from the donor, whereupon the donor ceases to have any right, title or interest in the gifted property. Your grandfather cannot now unilaterally cancel the gift deed. The only option for him is to file a suit for cancellation of the gift deed. If it is ancestral property then he has no right to maintain a suit for cancellation of the deed. The suit can be filed by only the coparceners.

2. Since an ex parte decree has been passed against you it is imperative that you file an application to set it aside.

1. As I said before, first get the ex parte decree set aside by filing an application, else the decree passed ex parte will be executed.

2. If your grandfather passes away during the pendency of the case then his legal heirs can step into his shoes and continue the case by impleading themselves.

What eever the property may be ..if it is gifted to you.

It's yours

Ex-parte order can be cancelled and you may be given a chance to contest the case it depends on your lawyer and judge.

If your grandfather is the only complaint and he dies then the trials may or may not be suspended in the view of giving justice. Max. Cases trials are suspended.

If there are joint complainants then no effect of death.

Respected mam...

The person. Who gifts you can too ke the gift back within a period of 1 yr ...And ne they had right to took it because the time period was still remaing so you have to do just one thing don't recive court summons till completion of 1 yr as per limitation act 1963...

Thanku

1. General people have wrong perception about ancestral property. Ancestral property is defined as the property title of which has flown for four generations with out any interruption i.e. from great grandfather top great grandson without registration of any sale/gift/settlement/partition deed or will.

2. If it is not so, then it is not an ancestral property.

3.If the hearing has been ordered to be ex-parte, engage a lawyer and file a petition to vacate the ex-parte order.

4. Vacating ex-parte order is not a big issue.

5. Once the ex-parte order is vacated, contest the case fittingly.

1. Ancestral property has been defined in my earlier post.

2. Get the ex-parte order vacated and contest the case fittingly.

1. Get the ex-parte order vacated as advised in my earlier post and then contest it.

2. You have a winning chance if the property does not fall in the category of ancestral property as defined in my earlier post.

3. Registered gift deed is irrevocable. Hence if your grandfather passes away before the case is settled, his legal heirs will pursue the case for and on his behalf which you shall have to contest..

4. Till the Court passes order invalidating the gift deed registered in your favour, you are the owner of the said gifted property.

Hi, you can appeal to the high court against ex-parte order and join the proceedings of the case .. The chances of winning the case depends upon the matter and facts of the case .. If your grandfather expires in between his legal heirs( sons) will contest the case on his behalf

it is not ancestral property

2) property which has remained undivided for 4 generations is ancestral property

3) in present case division has taken place between grand father and his brothers

4) grand father would be absolute owner of 4 acres and could have executed gift deed in your favour

No the 4 acres gifted to you is not an ancestral property and hence, others have no claim over the same.

No this is not the ancestral property as the property has been divided as soon as the property is divided it ceasea to be the ancestral property.

An ancestral property is one which remain undivided for 4 generations.

Regards

If it's a ancestral property he can't gift alone consent of other family members r required .... secondly he has to prove its ancestral .... without seeing documents no one can be guiding you properly.... Please contact me at if you need further help

If the notice was served on you or any of your family members, then it would have been deemed to have been served on you, thus after you would have been set exparte, you may take the help of an advocate and get the exparte order set aside.

The gifted property is ancestral....

Don't i have any chance.

If the person who executed this registered gift deed had no marketable title then the gift deed is invalid.

If he had proper title to the property then this gift deed is valid, you can challenge the validity and maintainability of the suit in the court.

As i have become ex party now. Can my grandfather revoke it?

If he gets the exparte decree he may try to revoke the gift deed, hence you immediately file a set aside petition and get the order set aside.

Do i have any chance to fight the case?

Once the exparte order is set aside, you can fight back properly.

As my grandfather is old 81 years, wat will happen if he expires during the processing of the case?

His legal heirs may follow up the case

As per old records, after the death of my grandfather's father as my grandfather was d 1st son , the 9acers land was registered in my grandfather name. Then after some years this 9 acers land was divided among my grandfather's brothers and registered. My grandfather got 4acers after this partition. This 4 acers land is gifted to me through registered gift deed. Can this 4 acers which is gifted to me considered as ancestral property?

Since your grandfather got this property by a registered partition deed, this property becomes his own and absolute property.

This cannot be considered as ancestral property in the hands of yor grandfather.

Therefore since your grandfather ha proper and marketable title to the property, the registered gift deed executed by him in your favor is very much valid in law and this canot be revoked for the said reasons or any other reason.

Therefore you first get the exparte order set aside and try to transfer the revenue records also in your favor.

1. The said property is not an ancestral property as per its description provided by you.

2. You are the title holder of the said gifted property since it is not an ancestral property.

3. Relax.