Legal Question in Real Estate Law in India
1. My father, who is 85 years old, owns agricultural property, which he got from my grand parents (actual owners) through a registered partition deed in the year 1966.
2. We are two legal heirs to my father - myself (daughter) & my brother
3. My father has gifted the entire property to my brother through a registered gift deed in 2010
4. I was born before 1956 and married before 1989. Can I challenge the validity of gift deed and claim for partition in the court of law?
2 Answers from Attorneys
No as the property becomes self acquired for your father and he could do anything with it. Had the partition was done prior to 1956 then things would have been different .
he got it from your grand parents (actual owners) through a registered partition deed in the year 1966. you both sister and brother are having equal rights on said property b'coz it is not self acquired by youyr father. As a grand daugher you too have your own share on this agriculture land do u have a copy of a registered partition deed as u said executed in the year 1966. send a copy @ [email protected]
Adv. Shivshanker,to go through and advice u properly .
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