• Share in ancestral property

My Mother Grand father had two sons.My mother father and her Uncle.My mother father died in 1938 before death of his Father.At that time  my mother was 6 month old. My mother Uncle brought up her.Even marriage is also done by her uncle.Before 9 years the death of Uncle he had done a Registered Partition deed by giving some property to my mother and her aunt [his wife].It is specifically mention in the Partition deed that ,my mother is just like their daughter, both of them love like their daughter.Only due to this reason they  want to give their property to her after their death.It is also mentioned in it that ,they do not want to adopt any child due to love on her.Now Her uncle died in 1978, After death of her uncle aunt [Uncle wife] had transfer her and uncle property to Mother name by Registered Gift deed with in two month of uncle death.When she went to her brother's house he p pressurized her to file suit for changing her gift deed ,which is taken by undue influence in weak state of mind after the death of her husband.Please advise what will happen in the case?
Asked 7 months ago in Property Law from Akola, Maharashtra
Religion: Hindu
1) once gift deed is executed your mother would be absolute owner of the property . 

2) her aunt will have to move court to set aside gift deed . 

3) chances of success  for aunt are bleak 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1) as mentioned earlier aunt will lose the case 

2) she has of her own free will executed gift deed 

3) your mother is absolute owner of the property 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. When your uncle had executed a partition deed in favour of your mother then no ratification of it was required to be made by his widow. Post the demise of your wife's uncle his widow could transfer only her share to your mother. If she had executed the gift deed in favour of your mother the transfer of title took place instantaneously. In a suit for cancellation of gift deed on the ground of absence of free consent the widow has to prove undue influence beyond a shade of reasonable doubt. Your mother can contest the case.

2. One can give his property to anyone he desires. Your mother's uncle was not required to adopt your mother as a condition precedent to the transfer of his property to her. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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After death of her uncle aunt [Uncle wife] had transfer her and uncle property to Mother name by Registered Gift deed with in two month of uncle death.When she went to her brother's house he p pressurized her to file suit for changing her gift deed ,which is taken by undue influence in weak state of mind after the death of her husband.Please advise what will happen in the case?

This is incomplete information. You should state whether the registered gift deed in favor of your mother executed in the year 1978 was revoked immediately or is still under your mother's name.
If it was revoked then at that time, why did your mother not claim the same or challenge the same so long i.e., well over 35  years.? 
If the gift deed was cancelled by her aunt at that time and your mother had not claimed or challenged the cancellation anytime earlier, and if the possession of property is not in your mother's hand, then due to law of adverse possession and barred by limitation, your mother has very less chance to retrieve the same.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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Advise  in registered partition  deed  it is clearly mentioned that my mother is just like daughter of her uncle and auntie and property goes to my mother after the death of her uncle and auntie and there after  gift deed was done by auntie after death of her husband and this document is   signed by all three parties.Noe gift deed is challenged by auntie  on the advise of her brother.All evidence died including Auntie my mother this is case  of 30 years back. Noe pending in court.

Again an incomplete information.
What is the case filed before court and who filed it?
If the partition deed was made in your mother's favor, she has full rights to take possession and occupy the property allotted to her by the said partition, whether your mother acted upon the partition deed or not?
What are the details of the case which is pending in the court?
Since the matter is subjudice, you may wait for the court verdict.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Partition deed was executed 9 years back the death of mother's uncle.In partition deed all three  have got share[My mother,her uncle and auntie].After death of Uncle Mother's auntie executed a gift deed in favor of my mother of her and her husband 's property.Now when  auntie went to her brother house ,he  pressurized her to file a suit.to set aside gift .Now case is pending in session court.Lower court verdict is in favour of aunrie.What happen in Session court?

The registered partition deed is valid.
The subsequent registered gift deed in your mother's favor is also valid.
You have said that the lower court verdict is in your mother's aunt's favor, what is the judgment?
Without knowing the judgment any comment given on it will be a misguiding information.
However since you have appealed the same before the district court, wait for the decision of the appellate court.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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1) what basis lower court passed order in favour of aunty ?

2) once gift deed is executed your mother would be absolute owner of property 

3) since yiu have challenged order of Lowe court wait for appeal to be disposed of 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
If the trial court has ruled in favour of your aunt then your mother can challenge it before the District Judge who can set aside the judgment of the trial court, but no one can tell you what will happen in the appellate court.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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