• Granddaughter share on grandmother's self aquired property

My grandfather bought some property in my grandmother's name in 1947. They both died without any will. My grandparents had three sons one being my father. My father and two uncles divided the property on a stamp paper but did not register the partition deed. Now on the basis of the partition deed ,the 1/3 share of my father got registered in register 2 in his name. Now my father has four sons including me and a daughter who is my sister. My sister left the house 45 years ago. My father is still alive and my mother is no more. Now there are few questions.
1. What will be the nature of the property that my father inherited from my grandmother.
2. Can my father gift the property to only his sons excluding his daughter.
3. Can my sister sell the property even if my father is alive.
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

1) it is not ancestral property 

 

2) father can execute gift deed in favour of sons only 

 

3) daughter has no share in property during father lifetime 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. The Partitioned Property at the hands of Father, would now classify as his "self-acquired" property (neither now it will classify as Ancestral Property), more so since partition deed now cannot be legally challenged after more than 30 years, irrespective of it not being registered or stamp duty paid. However check his Income Tax Returns, to see IF such property is reflected therein, for legality & counter claims.

2. Nobody can sell or stake claim on such property while Father is alive and Father alone is the sole authority to Sell /Gift /Transfer Mortgage /donate /whatever .... to whomsoever he wishes to, without any legal reference or NOC of any of his legal heirs.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If the same is ancestral property then it can't be gifted to any specific heir. If it's a self acquired then it can be willed. 

She can only sell her share if the same is established and joint share. But she can't give possession of the same to buyer

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1. The partition deed has to be registered. A fresh partition deed can be executed between your father and his siblings, failing which the property will remain undivided. 

2. After the execution of fresh partition deed your father will be free to alienate or bequeath his share to anyone he desires,

3. Your sister has no share in the undivided property of her grandmother during the lifetime of her father.

4. Your father is free to gift his share in the undivided property to anyone.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Grand children must have born ? IF yes than property has acquired ancestral status. 

He can gift it but your brothers and sister can dispute it.

NO.

Once property acquires ancestral status, every children/grand children have share in property.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Hi

1. In what context you are asking NATURE of the property. Sorry question is not clear.

2. Yes gift deed can be made only to the sons but the consent of daughter is required for it.

3. No sister cannot sell the property untill and unless she is the registered owner .

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. The nature of property your father inherited from your grandmother is his separate property, which is as good as self acquired property of his.

2. Yes, your father is free to select the beneficiaries during his lifetime. Hence it's upto him to select anyone, including his sons.

3. Your sister or anyone will not have any right over your father's property during his lifetime. Therefore your sister will not be able to sell the property during your father's lifetime.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

1) The property inherited by your father is Not Ancestral Property.

2) Yes, your father can gift the property only to his sons excluding his daughter.

3) No, during life time of father, she cannot deal with the property.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1) file suit to set aside fraudulent sale deed executed by sister and mutation done in name of buyer 

 

2) once sale deed is set aside then only property can be gifted by father to you and your brother 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Your father can execute WILL to disinherit her. Gift is effective in life time. GO ahead with gift. 

Mutation dose not confer title. To correct mutation, file FIR agasint sister and purchasers and civil suit for direction from court.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. Take a Registered Power of Attorney from Father and then you can file case against the Buyer parties, Sister & CO, supported with proper documentary evidences.

2. IF property is already transferred by CO, THEN Gift Deed procedures cannot be Conducted.

3. Represent the matter properly and you will get favourable court orders, PROVIDED you prove that the entire dealings were false, forged and Fraud.

4. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against all the person/s, supported with all relevant supporting Documents & Witnesses.

5. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1.You father can execute POA in any person's name and he can excute the further work on behalf of your father. 

2.It can be done without gifting you also. You cn file case in behalf of your father through POA. 

3.You need you file suit for cancellation of registration of sale deed and mutation. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1. The property inherited by your father from his mother shall be his own and absolute property.

2. He can very well transfer the property in the manner and desire he may decide to and to anyone, by excluding anyone or everyone  and to transfer the property to an outsider too.

3.Neither your sister nor anyone has any rights in the property at least not during your father's lifetime.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1.  It is your father's property hence he can give a POA deed to one of you and fight the case against her to retrieve the proeprty and cancel the registration.

2. You can proceed.

3. The fake mutation can be cancelled by an order of court if the revenue department is not taking any action on your application to cancel the same.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Under the Hindu law, there are two types of properties: ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations.. hence said property it is not ancestral.your father is absolute owner he can execute gift deed in favour of any one.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Your father can execute poa In favour of any relatives.

file a suit for cancellation of Sale Deed cheating made and obtain an order cancellation of Deed directing the Sub-Registrar of Assurances to cancel the deed and also revenue and/or municipal, City Survey or such other authorities to cancel the mutation entries made and to restore the name of actual owner.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. If currently property is on name of your father after partition then status of property is self acquired by father. 

2. Your father should lodge FIR for fraud and forgery against his daughter and buyer for fraudulent sale of his property without his knowledge or consent.

3. Your father have to file suit to set aside the sales deed and mutation records which was updated after fake sale. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If property has been sold by your sister without competence then your father has to file a suit for declaration to declare the sale deeds executed by her as void. He has to array the buyers as defendants and seek temporary injunction on creation of further third party rights.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the property is the inherited property by your father, but only to the extent of his father share, not mother.
  2. Now divide the property in two parts and then calculate the share only out of one of his father’s in which your sister can claim share.
  3. Yes, she cannot sell her share without getting it transferred to her by your father or court of law.
  4. You should immediately file a suit for the cancellation of all such fake documents instead of going for gift deed etc. as the same won’t make the things right till the time court doesn’t come into picture.
  5. But yes, he can sell or transfer to you his share which he got from mother (second one).

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

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