Legal Question in Real Estate Law in India

This property belongs to my father's mother's father's Sister's property which is a Self Aquired property. This is an Hindu undivided Family. During her time , she wrote this property to her unmarried sister with a registered WILL. Later this unmarried sister [ grandma ] wrote a registered gift deed to me [ Sheetal Prabhakar ] . I have 3 own brothers.

Questions :

1. Is this an Ancestral Property ?

2. If this is an ancestral property , will my 3 brothers have the legal rights to have equal shares of this property eventhough a registered gift deed is given to me by my grandma as mentioned above.

3. Since the Registered gift deed is given to me in my name only , will I be able to sell this complete property to any prospective buyer by avoiding my brothers.

4. In case if I am able to get a prospective buyer and sell off this property without discussing or taking the concern of my brothers , can my brothers have the legal rights to file up a civil suit to cancel the sale deed registration and regain back the property from the Purchaser.

5. Will this property need to be equally divided among the 4 of us ?

Please advise ,

Thanks and Regards,

Sheetal Prabhakar.


Asked on 9/03/12, 9:41 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

once the property was gifted to you by your grandmother, this becomes self owned property as per transfer of property act. this opinion is given as per your query but you need to show all the documents to your lawyer so that the opinion given above could be affirmed.

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Answered on 9/03/12, 9:57 am
Sanjay Kalra Sanjay Kalra & Associates

The answers to your queries are here in below for your perusal:-

1) no

2). No

3) yes

4) your brothers have no right or share in this property.

5) no

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Answered on 9/03/12, 10:07 am
Shrichand Nahar S.V.Nahar, Advocate

Too long query/fact.

Consult your lawyer with all details and documents.

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Answered on 10/14/12, 11:47 pm


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