Legal Question in Real Estate Law in India
Its regarding ancestrol property dispute.My parents are alive,we are 2 sisters married and one younger brother unmarried.My father got all his property through partion deed done in 1966 after his fathers death.Its almost 17 years of my marriage and 11 years of my sisters marriage since last 3 years me & my sister requested with our parents for the share in the property as they want to give the whole property which consists of 10 houses (2000 sq.ft each) and commercial complex with 5 shops all to their only son. They say we have given education and got married their the responsibility of the parent ends. After several request they never gave any property.Last 2 years back we filed a case for equal share in property,the case is still going on.Now we got to know that my father has done a gift deed in the name of my brother and mother and has got it registered.In the court they have filed saying that its self earned property.My father was a govt employee (First Divisional clerk)I would like to know how will the gift deed be valid or not as there is a clear document of his partition deed which says that it is my grand fathers property.please tell me whether this gift deed will be valid or not and if on demise of my father may this become valid.please request for your reply.Thanking u in advance.
4 Answers from Attorneys
13.03.2013
Dear Madam,
Your father has the right to deal with the property in his name in the manner he best deems fit. The Gift Deed done by your father in the name of your brother is valid.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
dear madam...
You need to get the partition deed copy and produce in the court...
all the property at that time shall be clear and any sell or transfer shall come before court and you can get your share ...
if you need any further help mail me at [email protected]
what does say the partition deed? all depend on it .