• Property dispute

I need to purchase the land. The issue as follows,

Initially Ramesh (Grand Father) self- acquired the piece of land . Ramesh has one son name Ajit (Father). After the death of Ramesh property is transfer to Ajit ( Inheritance property) 

Ajit has 3 children , one son (name Vinod) and two daughters. Ajit gifted the Inheritance property to his son Vinod thro' registered gift deed. later after some year Ajit died. Meanwhile Ajit daughter has filed suit against both Ajit (father ) and Vinod (brother) to claim the grand father property share. Now Case is running for past 6 years in lower district court.

Now what share will son (Vinod) get? whether equal share (1/3) or more ? so that i can purchase accordingly.
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

1) property inherited by Ajit would be his self acquired property

2)Ajit could gift land to his son Vinod by gift deed

3) Vinod would be absolute owner of land

4)daughter has no share in property gifted by her father Ajit to her brother Vinod

5) don’t purchase the property tillsuit is disposed of

Ajay Sethi
Advocate, Mumbai
96768 Answers
7805 Consultations

Grandsons and granddaughters have no birth right in grandfather’s properties.

Granddaughters to Ramesh cannot lay a claim over this property.

This property became the self acquired property of Ajit once he inherited it and hence, he has rightly;y gifted the entire property to his son.

The claim of the granddaughters is misplaced and mostly likely to fail.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Before 2005 the daughters did not have any right of share in ancestral property of their father.

So in this case if the Ramesh dies prior to 2005 the daughters cannot seek share in the proeprty of Ajit during his lifetime.

So since Ajit has already transferred his inherited proeprty to his son beofre 2005 then his death in post 2005 does not brighten the case of the daughter seeking partition in property.

Devajyoti Barman
Advocate, Kolkata
23194 Answers
510 Consultations

Vinod has the clear title,however as you have explained the case is pending disposal you may have to wait till the case is disposed off.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Hello,

Please not that the property inherited by Ajit from Ramesh will be Ajit's self acquired property. Therefore, Ajit has all the right to transfer this self acquired property by means of a gift to his son Vinod.

Though the daughter has filed the suit but the daughter does not have legal right on the said share as claimed by her.

It is not advised that you purchase the property till the suit is pending.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

Hi, it is difficult to predict the order of civil court as the court can pass any order under its discretion by going through merits of the case..it is advisable to wait till the final disposal of case as the the property is still not partitioned and it may have a stay order of court

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Daughters have no share in this.

This case is likely to be dismissed sooner or later.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

No it is not possible that the daughter will get any share in the said property.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

1/3 share only

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Daughter would not get any share as it is not ancestral property

2) property which has remained undivided for 4 generations would be ancestral property

Ajay Sethi
Advocate, Mumbai
96768 Answers
7805 Consultations

You can not claim any right.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

The property inherited by Ajit was from his father, which was his self acquired property, hence it cannot be termed as ancestral property.

Ajit becomes an absolute owner of the property hence the transfer of his inherited property by executing a registered gift deed is legally valid and cannot be challenged.

The case filed by the daughter of Ajit is not maintainable, provided it is fought properly.

As per law, the daughter of Ajit is not entitled to any share in the property as a right especially when it was disposed by Ajith by a registered document during his lifetime.

Vinodh shall be the absolute owner of the property acquired by gift deed through his father.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

Tranfer of property (Gift deed) to son (vinod) from his father(ajit age 80) took place during 2012. Later father died during 2013. Case has been file by daughter during 2012 i.e after execuding gift deed during that time father was alive.Now under condition it is possible that daughter may get some property share?

The daughter is not entitled to any share in the property under any circumstances especially when it was disposed/transferred/alienated during his lifetime by the absolute owner of the property.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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