Legal Question in Real Estate Law in India
Partition Suit
I live in Bihar from Muzaffarpur.
My grandfather has 3 sons and 5 daughters.
He has ancestral property (providede by his father). Now my grand father and grandmother had died. But he has gifted some part of the property to one son and one daughter. All daughter are marrriage and settled. Now what i have to do. Please rectify our share. gift will valid or invalid. one who get the gift getting money from the gift land, when our grandfather was alive. We have no signature on gift.
2 Answers from Attorneys
Re: Partition Suit
Mere inheritance does not make a property either ancestral or joint family property.
If you can prove that property gifted was a joint family property of which your grandfather was karta or manager, then you can challenge the gift, subject to law of limitation.
Re: Partition Suit
The gift deed may not be valid; you may be entitled to claim your share equally with all Class-I heirs mentioned in the Schedule to the Hindu Succession Act.
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