My grandfather (Shankrayya) was adopted by his mother(Gouramma)after her husband's(rajashekarayya) death. The change in surname of my grandfather is the only proof we have for adoption. After her husband's death through a long legal battle my grandmother of my father got 73 acers of agricultural Land from her husband's ancestral property (this property is not self-acquired by father of my grandfather) My grandfather has 7 children 5 male 2 female My father is the elder one My father was a government employee. He used to stay in different locations because routine transfers. In 2021 my father decided to take share of his property and called all his brothers. then he found that 4 of his brothers have taken ownership of lands. for this the procedure they followed is they had approached tahsildar office and gave a consent letter in which their grandmother of my father has mentioned she is transferring the ownership to my uncles. This document has got signature of local persons as witness who are not alive now Out of 73 acres in one survey number my father got 8 acres from his grandmother and that he transferred to one of my uncles and one survey number which has 7 acers is still in the name of grandparents of my father all remaining lands for transferred from grandmother of my father to my uncles Even though all these transactions happened from 1970 no one had informed my father about these transfers from 2021 to 2023 my father started asking/negotiating for property with my uncles. But their one-line answer was their grandmother did not want to give you property. (But the fact is my father is mostly loved person from his grandmother) between 2020 to 2023 my uncles transferred some land to one of their sisters. and nothing to the other sister as she don't had good relationship with all (she died in 2019, and she has 4 children) this cheating by his brothers hurt my father. Because of his illness and this reason (cheating by his brothers) he passed away in FEB 2023 now when i ask my uncles they reply me saying you have share only in one survey number which has 7 acers is still in the name of grandparents of my father My family feeling cheated by our uncles. I personally feeling humiliated for the way my father was treated by his 4 brothers Are all those handwritten transfer documents (from grandmother to my uncles) which are now the part of revenue départements can be treated as legal? What is the exact procedure of gift deed. In which office it has to be registered? Can My grandfather transfer 8 acres of land (which he got from adopted mother) to one of my uncles? Orally my uncles are saying your father has got his share when our father was alive. But when asked what my father has got, they don't have any answers. What to do negate this claim of theirs? Being low on self-respect are there any legal options available to my family ?
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1) transfer can be done only by registered gift deed
2) transfer from grand mother to uncles is not valid
3) gift deed has to be registered in sub registrar office
4) file suit for partition to claim equal share in 73 acres
5) seek orders to set aside fraudulent transfer done in uncles name
6) seek injunction restraining sale of land by uncles
The deed is only valid if it’s validly stamped furthermore only if the transfer has valid rights to transfer the said property to the transferee
Legal Status of Handwritten Transfers: Handwritten property transfers to your uncles may not be legally valid without proper registration.
Gift Deed Procedure: Transfers require a registered gift deed at the Sub-Registrar’s Office with appropriate fees.
Grandfather's Right to Transfer: If your grandfather's 8 acres are ancestral, he must consider heirs’ rights before transferring.
Challenge Unverified Claims: Request proof if your uncles claim your father “received his share.” Lack of evidence weakens their stance.
Legal Options: You may have grounds for a partition or declaration suit to secure your family’s rightful share. Consult a property lawyer to review documents and assist with legal action.
For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.
Thank you.
Shubham Goyal
Firstly, you gather information about all properties, then you collect the evidences of the transfer of properties to various people and see what you have lost by the reported false inheritance by other uncles.
After that you may file a suit for partition and make a claim for your rightful share in the properties.
A transfer of an immovable property by an unregistered deed is not legally valid.
Dear Client,
In the Present Scenario, there involves complex property issues and inheritance disputes as well. Herein, the issue revolves around the property that your grandfather, Shankrayya, inherited from his adoptive mother, Gouramma. Since your your grandfather was adopted after her husband’s death, it must be determined as to whether the adoption made made legally under the Hindu Adoption and Maintenance Act, as an illegal adoption may not grant complete legal rights to the ancestral property. With respect to the transfer of property by your grandmother to your uncle, if the same had been with a written consent letter, in presence of witnesses, but without a proper registration of the gift deed, the transfers may not be legally valid under Indian law. This is because the gift deeds generally require registration with the Sub-Registrar and the payment of stamp duty. It is hereby suggested that, you may file a civil suit for partition for claiming a rightful share in the property under the Indian Law, or seek a declaration that the transfers were illegal due to lack of registration. Here, if the documents that your uncles' had used were not executed in accordance to law, the same may be considered invalid in the eyes of law.
Hope you find this answer beneficial for resolving the dispute.
