Hello,

The property was divided into 4 parts. Three sons and one part he kept for himself. He can give his part to you as it belongs to him.

Regards

1) deed of partition should be registered to be admissible in evidence

2) your grand father can execute gift deed for his share in property

3) gift deed should be duly stamped and registered

This is my response to you:

1. Yes he can gift you his share;

2. Yes since the ancestral property is already divided therefore he can give his share to you;

3. The khatas will be mutated once the gift deed is executed and registered;

4. There will be no legal problems for you;

5. In case you have any doubt then take NOC from legal heris of your grandfather (though it is not needed).

1. To the extent of his share in the ancestral property, your grandfather can gift it to anyone of his choice, including his grandson, i.e., you.

2. Since it's his share, in his hands his share of the property will be treated as his self acquired property and hence he can execute a Gift Deed or execute a 'WILL' in favour of anyone, including you.

1) First try to get registered equal share of his and sons in the registered office, means get divide equally share and get his share transfer in the way of gift deed.

Hello,

Lawfully the only heirs of the property are the 4 persons. 3 brothers and your grandfather. Even if the deed is not registered your grandfather does have his share. He can gift it or will it to anybody he wants to. So court will not help them but can only prolong the case. Moreover the deed is a family arrangement and cannot be challenged unless they prove that they signed under duress was a fraud etc. Which it is not as it provides equal shares to all the legal heirs. It is in fact lays down what the law says.

Regards

That's why I have told you to get registered partition deed and than you can get registered gift deed of your grand father with you.

This is my further response to you:

1. That will be a problem;

2. Since the partition deed is not registered then it is not recognized in law;

3. You should prepare yourself if he files case;

4. You can approach court and seek injunction orders immediately;

5. Or file a suit for declaration of right, title and interest on your grandfather's share.

Un regs partition deed would be in admissible in evidence

1. See if the khata are in his name further he has revived property in inheritance or after partition not as joint property then it wont be termed as ancestral property he can freely divide the same and can sell same property,

2. Yes he has all the rights over the share.

3. He can freely execute gift in your favour.

See legally also even if the property status is ancestral or the self acquired grand father shall have his share in property which he can freely shall gift or will. So even after the uncle go in the court there shall be no claim,.

1. Your grandfather is at liberty to sell. will or gift his share to anyone he desires. There are no fetters on his right to do so.

2. Both the will and gift deed, whichever he executes, should be registered even though the registration of will is optional.

3. If the partition deed is not registered then it is inadmissible in evidence, as a result thereof the property continues to be undivided. So tell your grandfather to execute a fresh registered partition deed before he makes the will/gift in your favour.

Dear Sir,

Ancestral property means it must pass through four generations. Otherwise the last generation must acquire the property and it can be willed out and unregistered Will also can be produced before the Court and it is acceptable. It has some risk. You may send the papers so that I can advise your more clearly.

1. even if partition deed is not registered, your uncle will be bound by it

2. he cannot dispute the disposition of your grandfather's share to you by a Will or gift

Yes, he can make the WILL to any of his choice.

Court case will yield no succeed,

The property or share of property in the name of your grandfather shall be his own and absolute property.

Hence he has full rights to transfer the same to you or to anyone of his choice.

Nobody can question his authority on this.

You can very well accept and receive the property so transferred to your name by registered gift deed.

The partition deed may be oral but still valid.

If this property was inherited by your grandfather then even if the partition deed was by an unregistered deed, it cannot be disputed because since it was your grandfather's own and absolute property, your uncle cannot make a claim on this.

Let his file a suit which can be challenged accordingly