• Does my father have rights to gift to any one or mother?

I am P.Vigneswaran (Age 42), the elder son of my parents. From the child hood I am suffering from my parents for no love, no affection, no trust and no faith on me. They don’t treat me as a son from the age of 10 yrs to till now. My mother side grandfather educated me. My parents have even cheated me for giving or sharing the property.

I am living a very lonely normal life. Recently, my father had made a gift to my mother’s name but it’s my grandfather own earned property. Still the Patta and all registration documents available in my grandfather’s name. Grandfather was expired for the year of 1993

only my younger brothers and sisters are enjoying everything. One time I made a complaint in CM special cell with all evidence, they enquired me only, from Feb 2014 to till date waiting for justice.
Asked 1 year ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) on your grand father demise your father inherited his property as one of the legal heirs .

2) your father as absolute owner  of his share of property  can gift property to your mother if he so desires . 

3) gift deed can be executed duly stamped and regd 

4) please note that you cannot claim any share in respect of grand father self acquired property 

5)you should not hanker after property . serve your parents selflessly . 

6) no complaint is maintainable . 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1) you are not legal heir to your grand father 

2) on your grand father demise your grand mother , your father , his brothers and sisters are legal heirs to grand father property . 

3) as legal heirs they are free to sell property of your grand father 

4) you cannot claim any share in said property sold to third parties 

5) you will be wasting your time and money in going to court . 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1) your father is legal heir of grand father property .

2) merely having same initials does not make you owner of grand father property .

3) on your father death without a will you will inherit your father property along with your brothers and sisters and mother 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1. If the property was acquired by your grand father then after his demise all his children, in the absence of a will, had an equal share therein. 

2. Your father was well within his legal rights to gift his share in the property to his wife. 

3. You have no share in the property of your grand father.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
1. The sale by your father does not suffer from any illegality. Consequently, you cannot challenge the sale.

2. If the property is ancestral then only you can claim a share therein.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
The land already sold can be claimed by you only by showing that it is ancestral.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
1. Your father can not gift the property standing in the name of your grand father,

2. After the demise of your grand father, intestate, all his legal heirs including your mother, will get his property,

3. If your grand father had no other children excepting your mother and your grandmother is no more, then your mother will inherit entire property of her father, 

4. You can not claim any share on the said property legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. If your grand father has not gifted you any thing or not bequeathed any share of his property to you then you can not legally claim any thing from his said property,

2. If your mother demises intestate then only you will get share of her property along with all her legal heirs.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1. Initials showing father's and grand father's name are social identification of a person,

2. Those are not for demanding share in their properties.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Hi, if the property is ancestral property then your father has no right to make gift to your mother.

2. If you want share in the property then you have to file a suit for partition of your share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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