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PMy grandfather received ancestral property through partition after dividing among his siblings. My grandfather has passed away now. He has left no will. He had not earned any property my himself. My grandfather had 4 children. My mother is one among them. One of my aunts manipulated my grandfather and has taken a part of the property he had received. My grandfather has gifted the property to my aunt without knowledge of other children. Does my mother and her siblings have right over this property. Can we challenge this gift deed. The property that was gifted is the commercial valuable property. Now the others are left with other bits and pieces of land not so valuable as compared one my aunt has taken. Neither is she ready for negotiation. My grandfather passed away 7 years ago. Have tried all this time to negotiate. But no result. Planning to take a legal route. Please advice.
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UNAL- consult one.
You can challenge, but it will be a moot point. Ancestral property that has been partitioned loses its ancestral aspect and becomes self acquired property of the individual. If he willingly gifted to the aunt, then by self acquired property rules, it is her property now. As for his lack of a will, any property that he has becomes part of the pot that his kids and grandchildren have shares.
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MAs a Lawyer I can advise you that unless you feel the Gift Deed is executed fraudulently then only you can challenge the same.
Alternatively, you can file a partition suit for dividing all the properties of your grandfather in equal proportion.
However, a detailed perusal of papers are required to understand the legalities of this issue.
It is recommended to hire a lawyer, take legal opinion from him and then accordingly proceed ahead.
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