• My father gifted grandfather land to me

My father gifted grandfather land to me, my father is no more now, is there any chance reclaim land from my brother.
Asked 7 years ago in Property Law
Religion: Hindu

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17 Answers

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 

Ajay Sethi
Advocate, Mumbai
99954 Answers
8158 Consultations

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Suit if any to set aside gift deed must be filed within period of 3 years 

Ajay Sethi
Advocate, Mumbai
99954 Answers
8158 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.  

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If he has gifted you his self acquired property then you can she reclaim it from your brother by filing eviction suit 

Prashant Nayak
Advocate, Mumbai
34641 Answers
249 Consultations

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.. 

Mohammed Mujeeb
Advocate, Hyderabad
19367 Answers
32 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19367 Answers
32 Consultations

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6236 Answers
499 Consultations

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.

=====================================================================================

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6236 Answers
499 Consultations

No, After execution of gift deed, you are absolute owner.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

  1. As per the information mentioned in the present query, makes it clear that the nature of the property in question is of anscestral one.
  2. Though your father has gifted the land of your grandfather to you, but stil you and your brother is having birth right in it irrespective of the need of any such gift.
  3. Yes, if your father has gifted his undivided portion to you then it can be reclaimed as there is a limitation period of 12 years for doing the same.
  4. Even then also you may have to show the instrument by which you have been given something and in what ratio as your brother is also having right in it by birth like you are also having.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

He being not a party to the registered transfer deed, the limitation to challenge the same shall be three years, however since your father is not living his claim may not be sustainable.

 

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

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