Legal Question in Civil Rights Law in India
dear sir, my father's grandfather has two sons and one son died during his life time.and other son has for sons A,B,C ND D . it means for grandsons. and my father's grandfather has a property under his name and he made a gift deed with registry in the year 1960 under his two grandsons name A ND B.In 1961 he died. now A got a job in some other country and left india in 1978. later A came nd trasfer his half share to B nd now B became 100 % owner. now my question is, is the other grandson has any right on that property? 2) that the C is challenging in court that deed is fake which was made in 1960 nd THE A TRANSFER OF SHARE TOO is also fake. is it stanadable in court? nd now A too died. plaese advice me.
1 Answer from Attorneys
Dear Sir
The property belonged to your grandfather, and hence he was the sole owner of the said properties (I presume that the property was purchased by him alone,and it was his self acquired property and not the ancestral property). So your grandfather could have made a Will in favor of any only two grandson leaving behind other grandsons.
So the gift made in favor of A & B is perfectly valid and it confers full ownership to A&B. Also hen A transferred his shared to B, by way of a registered deed, then B becomes 100 % owner of the property.
Since the gift deed was registered and valid, C cannot challenge the same. He has no locus standi to challenge, since the said deed is executed by your grandfather himself, who him self would not had challenged this deed during his life time, and especially when such deed was of the year 1978 so even the issue of limitation arises.
So legally C has no legal ground to challenge any of this. Enjoy the property. engage a sound lawyer and make sure you do not mess in the pleading or evidences.
Best Regards
Vivek N Mapara
www.vnmlaws.com
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