I Need clarification regarding my property dispute with my father.My father has registered his all property in the name of my sister. My father has got all the property from my grandfather. Is this registration is legally valid. If so how can i proceed legally regarding this property because I have all rights in this property(my grandfathers property). Now they are planning to sell the land without my knowledge,how to stop this and what are the procedure to do this?
Asked 4 years ago in Property Law from Madurai, Tamil Nadu
how your father has got property from his father
Advocate, New Delhi
How did your grand father acquire the property in question? Was it his self purchased property, or one he got from his ancestors? If it was self purchased, was a will thereof made by your grand father in favour of your father? How did your father acquire the property from your grand father? If it was purchased by your grand father out of his own funds during his life time and it was transferred to your father by your grand father in accordance with law then your father is the absolute owner thereof. As such, he can dispose it at his sweet will.
If it was not purchased by your grand father then you have an equal share in the property which you may cull out by filing a case for partition of property in court. You may also in that event seek a stay on the sale of land.
1) the issue that arises is whether it was self acquired property of your grand father or not .
2) secondly whether your grand father bequeathed said property to your father by will .
3) if it was self acquired property of your grand father and your father inherited the said property he can gift the said property to your sister .
4) you would have no claim on said property . i presume gift deed made by your father was duly stamped and registered .
5) your sister can dispose the said property and no court will grant you any stay
My grandfather had 2 sons. Before his death, he made a partition of his property into 2 equal parts to his sons. My father has two children( son and daughter). Now my dad has registered all his property which he got from his father in the name of my sister. After 4 yrs it came to my knowledge that my dad gifted his property to my sister and now they are planning to sell that property.
In the property document, there is a line mentioned that my father and his brother has given jeevanamsam (amount of Rs. 1000 in 1987) to my grandfather. Do this property is still my grand father's property or considered as my father's own earned property.
As a grandchild do still i have equal rights/share in the property?
Asked 4 years ago
was the partition deed duly stamped and registered?
has mutation been done in name of your father ?
has gift deed made by your father duly stamped and registered in name of your sister?
contact a local lawyer . documents mentioned by you have to be perused to furnish opinion .
you dont have any rights on said property if your father had executed gift deed in favour of your sister and the document was duly stamped and registered
1. If the said property was self acquired by your grandfather &
2. If your father has inherited the said property from his father, then he has the right to gift the same to anybody he wishes to including your sister,
3. You have no claim on the said property.
It needs to be seen whether the partition deed and gift deed have been adequately stamped and registered. Furthermore, the respective deeds need to be perused threadbare to see whether the authority to transfer the property indeed existed in the transferor. Contact a local lawyer to this end.
how did your grand father got this property
Advocate, New Delhi