• Property issue on ancestral property

Hello All,
This is to explain about the issue on one of our grandfather’s property which was actually on grand mothers name purchased before 32+ years by grand father.
This property was supposed to be my share as we were in possession for 7 years until my grand father and mother died. Then post my grand parents died we came to know that it was taken by my Uncle (Fathers Younger brother)in 2016 as it was given to him as gift deed. 
Though he got his own share however, as he was taking care of my grandmother after my grand father died, he said that as he was taking care of her. She gave it to him. 
But that cannot be the case is what we suspect, as she died in Cancer and was not in full conscious at the time when the gift deed was made. And I want to file a suite against the deed and win it if there are possibilities. As that property should come to us as our share. 
Hence providing few information below thinking this would help to determine whether I win back my property / any chances for same. Based on what I heard from few other advocates and friends. 
	The property was purchased by grandfather in approx. 1972 / 1974 by grandfather and written directly to grandmothers name. Hence can this be considered as ancestral property and can we claim share from it ? its understood I cannot claim full rights but is it possible for share. 
	When the property was given to my Uncle as gift deed, my grandmother was sick with Cancer and under treatment. 
	Grandmother was not a working women / never worked. 
Please suggest and advise on how to take this case further based on what grounds. Also please mention if you are referring to any IPC’s. 

And please suggest on to file a suite what all documents required.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

No this cannot be considered as the ancestral property, yes you challenge the gift deed and all the legal heirs of the grand mother that is father and his siblings shall have equal share if the gift is made when her consent to it was not there or she was not in position to give consent, If anything fraud or cheating is done then only criminal case can be filed in this case you have to file a civil suit for cancellation of gift deed and claiming of your share on ground that grandmother was not in position to give consent. Further your father has share he has to file the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In deed it can be mentioned but was she still in position to give her consent as to her mental condition and she was under the ,medication if she was perfectly mentally sound your case will fail as there was consent in case anything against her mental health the case shall chances to succeed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) it is not ancestral property

2) it is property bought by grandfather in grandmother name for benefit of joint family

3) you can file suit for partition for division of property by metes and bounds as grand mother was house wife and had no source of funds to buy the property

4) also seek orders to set aside gift deed as grandmother was suffering from cancer and not in her senses at time of execution of gift deed

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Take legal proceedings as mentioned herein above

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. Your grandmother had no earnings or which your father (or you if he is deceased) can file a declaratory suit before the Court praying for a declaration that the said property should be considered as the property of your grandfather which he had purchased as benami property in the name of your grandmother.

2. Once the said property is declared as that of your grandfather's, then your grandmother's will in favour of your Uncle will become null and void and then your father can claim equal share on the said property and in his absence you can lay the said claim.

3.Thereafter your father or you can ile a partition suit claiming equal share of the aid property.

4. If you fail to get favourable order in the above declaratory suit, you can challenge the said will on the ground that your grandmother was coerced/influenced in signing the said will since she was not in her right state of mind being suffering from cancer.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You should first file the declaratory suit as advised in my earlier post.

2. If you fail to get any favourable order in the above declaratory suit, then only you should challenge the will purportedly signed by your ailing grandmother on the ground stated in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

This is my response to you:

1. Share in ancestral property cannot be given to one individual;

2. No one coparcener has a full claim on the property;

3. Firstly send a legal notice to your uncle;

4. If your uncle does not partition the property equally then file a suit of Partition;

5. You will have to take measure in court, and also obtain stay order and injunction order.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. The property is not ancestral by any method of legal interpretation as it was registered in favour of your grandmother. Under Hindu Law a property attains ancestral character only and only if it remains undivided for four generations.

2. There is a gift deed in favour of your uncle. Now your father is free to challenge the gift deed on the ground that it was not executed with free consent. Merely being diagnosed with cancer does not mean that free consent was missing. To prove that free consent is vitiated it has to be proved that she did not had a sound disposing mind at the time of execution of gift deed and thus she signed it under coercion, fraud or undue influence. Even cancer patients have sound disposing mind.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Sir,

The Circumstance under which the gift deed was executed seems to be suspicious. More so your grandmother was a cancer patient and you might be having some medical bills having treated her. If that is the case the human intimacy will develop against the person who takes care of her. If you liable to establish this sensitive issue and other issues then you are entitled to share the said property along with your uncle and Court will definitely declare such gift deed as null and void and not binding upon you.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The property was purchased by grandfather in approx. 1972 / 1974 by grandfather and written directly to grandmothers name. Hence can this be considered as ancestral property and can we claim share from it ? its understood I cannot claim full rights but is it possible for share.

This property was no doubt purchased by your grandfather but since the same was bought on your grandmother's name, it will not be your grandfather's property.

In your grandmother's property, if she was reported to have died intestate, then her own legal heirs namely her children alone will be able succeed to the said properties left behind by her.

The grandchildren do not have any rights in the properties during the lifetime of their fathers.

Therefore you do not have any rights in the property that belonged to your grandmother.

If your father suspects that the gift deed has been done by forging her signature or by fabricating the documents, then he can file a suit for cancellation of the same by producing substantial evidences to prove his pleadings.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

But as per the deed, it was mentioned that she is giving that property with her full conscious and No one else can claim share on it. So which means, its considered as she had No consent giving her property to him ? or still a suite shall be filed. Please suggest.

If the gift deed was by a registered document with her photo affixed and signed by her then there may not be any reason for you to fight against it for whatever the reason.

You may consult a local advocate with all the papers related to the property and then decide based on the advise received on it.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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