My dad have land of 484 sq.yards which is ancestral property. The property actually belongs to my grandfather, my father got it by partition in 2005 after my GF demise in 2004. He have given the land for development without my brother and my acceptance. In 2012 my father have gifted 2 of his flats to his brother as security for debt, without my acceptance and my brother acceptance. Now my father expired. Can my brother and me can challenge gift deeds?
Asked in Civil Law from Hyderabad, Andhra Pradesh
The nature of ancestral property will extinguish once there was a partition done and each individual has been allotted with their respective shares. From your contents it appears that the property belonged to your grandfather and subseuently partitioned and your father got his due share out if it. If that is so, then it is not at all ancestral property and the share of property in your father's hands will be his own and absolute property hence he was entitled to marketable title and on that basis the gift deed executed by him to his brother can be held legally valid, of course if it was done on his own and free volition. You have a chance to retrieve if you can prove that it was obtained under force and coercion by the uncle.
1. A property is termed as an ancestral property if its title flows for 4 generations i.e. from great grandfather to great grandchildren without any interruption i.e. without any sale/gift/settlement/partition deed or will executed in between,
2. So, your is not an ancestral property but a parental property,
3. Your father was the absolute owner of the aid property which he had validly gifted to his two brothers,
4. You and your brother has no right on he said gifted property.
1. If the property was owned by your grandfather which your father got on partition then it is not ancestral.
2. Your father, as the absolute owner of the land, could have gifted the same at his sweet will to anyone he desired. You and your brother are at liberty to challenge the gift deeds but you cannot succeed unless and until you prove that the land was ancestral and/or gift deed was made by your father under duress by his brother.
1) you can file suit to set aside gift deed executed by your father but your chances of success are bleak
2) self acquired property of grand father is not ancestral property
3) by partition deed your father became absolute owner of his share of property and could sell , transfer , gift if he so desired
4) your consent was not required for development of property
1) As far as the land given for redevelopment is concerned the terms of the development is binding on you. You being the legal heirs, after the development of the property is complete you can stake claim in that capacity.
2) As far as the Gift Deed to your uncle is concerned you need to challenge that the Gift Deed. Prove that the Deed was conditional and was for the purpose of raising a loan.You will be liable for your father's debts. You need to get the Gift Deeds cancelled.
3) Send a legal notice to the uncle demanding the flats back as you are the legal heirs. See if any out of court settlement becomes possible,