• Gifting of ancestral property

Sir/Madam 
My Grandparents lived with 2 sons and 3 daughters. After my Grandfather expired in 1993 the ancestral property of 18 acers was divided among wife and sons giving 6 acers each (till date there is no partition deed) .
 My uncle living with 2 wifes cheated my grandmother and got 6 acers of my late grandmother (expired 2004) share gifted to his second wife in year 1993. (year when my uncle married his second wife). After which till date both have sold majority of the portion of land to others.

Few Q's
1) Can my grand mother gift her share ?  
2) Can i file a partition  suite if so will all the 18 acers of land get divided to my grand parent siblings ?
3) Can i challenge my grand mother gift deed as i have few evidence to prove the same can i file a  cheating or criminal case ?
4) As its a clear case of cheating can i ask for polygraph test ? 

Please advise
Asked 11 months ago in Civil Law from Hyderabad, Telangana
1) on your grand father demise your grandmother 2,sons and 3 daughters each had one sixth share in property 

2) your grandmother could have gifted only 3 acres of land to her son 

3) your mother or father  can file suit for partition to claim their share in land 

4) your father or mother will have to challenge the gift deed executed by your grandmother in excess of 3 acres and also subsequent sale of land

5) consult a local lawyer. The issue when you became aware of fraudulent transfer of land by your grandmother . The delay in moving court had to be explained 


Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
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First you clarify me the following doubts, then I can give you correct advice: 

1. The gift which has been given by your Grand mother to your uncle  is registered or unregistered.?
2. You said that “After my Grandfather expired in 1993 the ancestral property of 18 acers was divided among wife and sons giving 6 acers each (till date there is no partition deed)”.  Can you tell me how it was divided by any unregistered deed or oral?
3. You said that your uncle had gifted his property to his second wife, is that gift registered or unregistered?
4. You said that your uncle and his 2nd wife made third party transactions, whether they are registered deed or only agreements?  
5. What is your Religion. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
division is invalid as you have one sixth share in land 

grand mother can gift land to any one she deems fit but is has to be regd gift deed 

Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
1. You said you are Hindus. Since you are from Telangana, my home state,  I know the law very well. Now the law has been changed retrospectively, i.e. even the women can claim the properties retrospectively (irrespective of marriage and date of marriage).  So now your sister can also claim the property, though you have divided into 1/3.  You said that your uncle had created documents.  You have to specify that how he had created. what is the fraud he had done. 

2. "Gift deed might be registered, not sure" is not good answer.  If you have copy send it to me, I have to verify. Or you can contact Kanoon.com by phone consultation. I will explain you. 

3. Does your uncle got any properties gained personally by him apart from the above said property.  

4. Where is the property situated, Is this agricultural land. Whether layout has been done now or it is still open.

5.  Your Grand mom can gift her share to any person, even non blood relation since it is exclusive property.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1. It is not clear on what basis you call it ancestral property. It seems that the property was self acquired of your GF, which devolved on his heirs i.e widow and children through succession on his demise. Be that as it may, your grandmother was free to gift her share which accrued to her through succession. 

2. The siblings of your GF had no share in the property if it was self acquired or inherited property of your GF. However, they had an equal share if it was ancestral, which they can cull out by filing for partition.

3. Unless you have insurmountable evidence to prove that your grandmother executed the gift under coercion or undue influence it will not be wise to go to court. 

4. Polygraph test is not ordered except in murder cases.

Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
 A gift deed can be executed in favour of a stranger also. The legal heir whose share has diminished or truncated can file a suit for partition to cull out his share.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1) grand mother can sell her share of land 

2) you have to check with sub registrar office within whose jurisdiction property is situated as to whether gift deed is regd or not . take search of records 

3) contact a local lawyer and file suit for partition to claim your share in land 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
1) Can my grand mother gift her share ?  
First of all grandfather's property cannot be ancestral property, especially since the same was duly partitioned among his legal heirs after his intestate death, even the nature of ancestral attached to the property extinguished with the said partition. Therefore, after such partition the share of property in the hands of your grandmother becomes her own property and she is legally entitled to transact with the property in any manner she desires or decides. She can very well gift her share of property to anyone.


2) Can i file a partition  suite if so will all the 18 acers of land get divided to my grand parent siblings ?
In what way you are concerned about this.  If at all there is any claim it can be made by your father alone.  You have not stated that your father is living or not hence presuming your father to be alive,  you cannot seek partition or any share in the property.



3) Can i challenge my grand mother gift deed as i have few evidence to prove the same can i file a  cheating or criminal case ?
Against whom are you going to file a criminal case and in what capacity?, 
If you are not directly aggrieved by such act, your case cannot said to be maintainable.



4) As its a clear case of cheating can i ask for polygraph test ? 
No is the answer.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1) Can my GM after gifting her share sale her part of it to others ? Like my uncle and aunt made her sell 1 acer of land when she was alive ?
Any person who has transferred their property by execution of a registered gift deed cannot sell the same property without revoking or cancelling the said gift deed. The said gift deed also cannot be cancelled unilaterally, only competent court has power to cancel the gift deed already registered on somebody's name.  Thus when there is no property for selling the alleged sale deed can be a sham sale deed and null and void in the eyes of law. 


 
2) Can her daughters challenge division of share of my GM alone (6 acers) instead of all the 18 acers ?
Yes, the daughters can challenge the partition of the entire 18 acres of land and can seek their respective legitimate shares in the property as their rights being the legal heirs of their deceased father. .


3) How can we find if any document is a registered document or not ?
You can apply for search with the concerned registrar's office by paying the prescribed fee for th purpose and can extract the details. 

T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1. A gift is a transfer of title, so after the property has been gifted it cannot be sold as the donor ceases to have the title after the execution of the gift deed.

2. The daughters can challenge the partition on the ground that the grandmother was incompetent to alienate her share.

3. A search is to be conducted at the office of sub-registrar to ascertain the registration of a document.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1. Your grandmother, being one of the legal heirs of your grandfather's property, can certainly gift her undivided share of the property to any body she wishes to,

2. You can file the partition suit claiming equal share of your grandmother's share of the property but it will be challenged by your Uncle's wife submitting the said gift deed executed and registered by your Grandmother,

3. Yes, you can challenge the validity of the above gift deed also on acceptable grounds. You can also file a cheating case against your said Uncle or his 2nd wife,

4. No. Polygraph test is generally allowed in cases of national importance of security.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. File partition suit for formally dividing the property by metes and bounds with the help of the Court,

2. From the copy of the said gift deed you will understand whether it has been registered or not. If it is not registered, the said gift deed is not valid,

3.& 4. If the Gift Deed is found to be unregistered, hence invalid, the subsequent sale of the said part of the gifted property also becomes invalid,

5. & 6. As per recent Judgement of supreme court the 1/3rd division is valid, if your grandfather has demised before the year 2005. Otherwise it is invalid,

7. Yes, she can gift her share of the property to  any body without having blood relationship.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. If she has gifted her share of the property to your Uncle's 2nd wife, she is no more its owner and hence can not sell the said gifted property or any part thereof,

2. If the grandfather has died after 2005, his daughters can claim their share of his property otherwise not,

3. You can get it checked from the registrar's office whether the said gift deed has been registered or not. It hardly takes one hour by a broker to get the matter sarched from the registrar's office/
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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