1) once gift deed is executed duly stamped and registered you would be absolute owner of land
2) your brother has now share in said land
My father gifted grandfather land to me, my father is no more now, is there any chance reclaim land from my brother.
1) once gift deed is executed duly stamped and registered you would be absolute owner of land
2) your brother has now share in said land
Your father cannot gift ancestral property to anyone of you it is a property of the family and all the siblings of us are equal shareholder of the property yes of course they have right on the property and reclaim the land so gifted
1. If the property was the ancestral property then your father can not gift this land alone to you depriving your brother.
2. So if your brother so wishes he can challenge this deed and claim his due share.
3. However till he files a suit for partition you can continue to enjoy the land.
is there any time period to reclaim after my father gifted grandfather land to me
See if the father was owner of the property that is he received from his father then the gift deed is absolute and your brother cannot claim any share from you.
See the limitation to challenge any deed is of 3 years so the brother can challenge same in 3 years after that if he files suit then he has to file along condonation of delay application.
Dear Sir,
It is absolute property of your father as such he has gifted that property in your favor. The said gift cannot be cancelled as donor/your father is no more. At the most your brother may claim the property alleging that the said gift deed was either forged or taken without disclosing the contents of the same to your father.
If he has gifted you his self acquired property then you can she reclaim it from your brother by filing eviction suit
If property is self acquired by your father once gift deed is executed then you are the absolute owner.
If it is ancestral property then other successor may be challenge..
A gift deed is said to be valid only after registration, which is mandatory under S. 122 of the Transfer of Property Act.
Once a gift deed is made and registered it cannot be cancelled by the donor without the consent of the donee.
Dear Sir,
You will understand more if you go through the following which is definition of ancestral property. Since the property gifted by your father is deemed to be his self acquired property as such he has rightly gifted the said property to you as such any suit filed by your brother is not maintainable.
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What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
Dear Sir,
You will understand more if you go through the following which is definition of ancestral property. Since the property gifted by your father is deemed to be his self acquired property as such he has rightly gifted the said property to you as such any suit filed by your brother is not maintainable.
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What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
1. IF the Gift Deed was properly stamp duty paid and duly registered, THEN it is irrevocable, PROVIDED the Father got the land from GrandFather via a properly executed document.
If this property was inherited by your father and he was the absolute owner of the property and he had transferred the same to you by a registered document then your brother's claim for any share in it may not be maintainable.