Legal Question in Real Estate Law in India

My father has me one son and two daughters. I am being the only son have two sisters who are elder to me. my sisters and myself all are married. in the year 2006 my father has gifted an ancestral property to me without the consent of my sisters. now when i applied for a Khata transfer the Revenue Inspector is telling that an ancestral property cannot be gifted and so the khata cannot be transferred in my name. what can i do in this regard? Please answer.

Asked on 4/30/12, 4:10 am

3 Answers from Attorneys

ranganathan raghavachari R.Ranganathan & Associates

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The Revenue authorities cannot have any say in the gift deeds. You have got every right to get the transfer done based on the gift deed. Revenue inspector is not a court to judge the gift deed. Only if there are any objections by the legal heirs then he can tell you and even at that time he can ask for a court order. So you send notice and file a case in the consumer court for direction and also damages.

Answered on 4/30/12, 4:58 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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You may request your father to first partition the family property and then make a gift in respect of his share. After partition, he will be free to deal with his share.

Answered on 5/01/12, 1:39 am

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