• About partition ancestors

My grand father purchased the agricultural land 9.01 acres in1973. he has two sons and three sisters. he expired on 1991. in 1998 land partitioned by two sons(yadagiri and anjaiah) each 4.20 and 4.21 acres. in 2011 my uncle anjaiah sold 2 acres land.yadagiri has one son and one daughter. my father yadagiri gifted 3.00 acres land in 2012 january. in august 2012 yadagiri daughter i.e., my sister challenging the share and petitioned in district court. in 2017 october laxmaiah's two daughters are challenging the share of the above said land in district court.
 please clarify my doubts i.e.,
 1) is my gift deed be revoked? 
 2)are my father sisters share holders?
 3) is my sister share holder?
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

Since the proeprty purchased by your grand father was his self acquired proeprty on his death without any Will all his properties becomes devolved upon his all sons and daughters in equal share.

So the sons along can not divide the land between themselves unless their sisters by a registered deed relinquished their share.

If they did not then on their death their child gets sahre through them and hence they can challenge all the transfers made in the meantime.

So the gift deed done in your favour would be void and ineffective.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

Hello sir , your sister and your aunt do not have any share in the property as , it is not a ancestrol property and was self Accquired by your grandfather ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

After the 1998 partition, the two brothers became absolute owners of their respective share of properties, that was inherited by them under partition.

This, post partition, the property inherited by each of the two brothers, became their self acquired property.

Your father was free to dispose off this property in any manner as per her wish. Accordingly, he has transferred a part of this property to you under a gift deed.

Sister's cannot claim a share in this property as a matter of right.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1) on grand father demise your father had only one fifth share in land

2) your aunts have equal share in land

3) you and your sisters have no share in land during your father life time

Ajay Sethi
Advocate, Mumbai
96762 Answers
7804 Consultations

If the lands are partitioned before 2004 and effected before 2004 your sister cannot claim share in the property. In your case, the partition effected on 1998 so neither your sister or your father's sisters cannot claim the share in the property. In case if they file the partition suit you have to prove that the partition effected on 1998.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

1. If your gift deed is registered then can't revoked, provided can be challenged.

2. Your fathers sisters have no right in your father share, but they can claim share in their father share ( your grandfather).

3. Ya, your sister is a share holder.

Good Luck / /All the Best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

Dear Client,

Who is laxmaiah ??

1) is my gift deed be revoked? - no, ur sister have no right in the property,

2)are my father sisters share holders? - since the property already partitioned in 1998, so no but after the death of ur grand father, father sisters have equal share in the property.

3) is my sister share holder? - no.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

1. NO.

2. They are not the share holders.

3. No

Since the land as self acquired and has been utilized as per the wishes of the owner, therefore no right accrues.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

The property that was transferred to you by executing a registered gift deed by your father is very much valid and it cannot be revoked because your father was an absolute owner of the property with marketable title during the time of this transfer.

Since your grandfather distributed his self acquired property to his sons alone during his lifetime, the claim now made by your father's sisters is not maintainable and they dont have any rights in it.

Your sister is also not having any right for a share in it legally.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

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