Legal Question in Real Estate Law in India

Dear Sir
My father has gifted entire property through registered gift deed to my mother. I am the only child (son) of my parents. My parents do not want to keep any relation with me, my wife and daughter and hence we stay separately. Iam presently staying in Guwahati as I have been transferred by my Company. The property that my father had achieved was again through a gift deed given by my late great grand mother. As a result 1/2 property was of my father and 1/2 property was of my aunt. Later this entire property was demolished and G+5 storey building was constructed by giving to the builder from where apart from financial benefits my father had got two flats (one 3 room and another 2 room). Before leaving Kolkata we had shifted to this smaller flat in 2007. Have left kolkata in 2008 and since then my furnitures etc are still there and the flat is under lock with key with me. Once a year we go and stay there.
I have been asked numerous times to vacate the flat and have been told by my parents that the properties do not belong to me. Under such circumstances kindly guide me please. (a) Do I have no future rights on the property? (b) Do I have no right to stay in the property? (c) Can gift be made without even consulting the legal heir (myself) (d) In future if this goes to court how do I stand regarding my chances?

Asked on 7/26/13, 1:02 am

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ancestral property are those who comes from 4 predecessors, no r8 in self acquire property

Answered on 7/26/13, 8:20 am

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Fca Prashant Chavan Expert Edge LLP

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27.06.2013

Dear Sir,

If your father is adamant that your family should vacate the 2 room flat, it could possibly be because it is lying idle without generating any revenue, unless you are paying the annual rent to your father. Keeping a property idle is a criminal waste. (a) Your rights to the property depend on your father, unless he decided to make any flat(s) in your name, you can only cajole your parents and maintain good family ties with them. (b) You should think practically and ask yourself this question: "What is the point in keeping your flat idle for 11 months, when your family comes down from Guwahati to Kolkata on vacation only for a month?" and act accordingly. (c) Yes, since the title of the property vest in the name of your father, he is entitled to make the Gift Deed in the name of your mother. (d) As the legal heir, your future rights are protected, because in case your mother does not make a Gift or Will, you will be declared the sole legal heir vide a Succession Certificate from the District Magistrate Court in Kolkata. In the meantime, you and your wife should work to have a flat of your own for your family in Guwahati.

Regards,

Answered on 7/27/13, 12:03 am

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