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Indian Law/Property dispute


Greetings sir. My late grandfather had purchased a property in my fathers name and then there are few more properties purchased in his name as well as my (late) grandmothers name and a few more properties in his other sons name( 4 other uncles).  Now in a partition dispute, my uncles are claiming stake in the property in my dads name? Do they have any share in that property? My father wants to give a gift settlement of that property in my name. Is that legally valid and can my uncles dispute the gift settlement executed by my father? In case one of them files a partition suit, can they claim stake in that property too? Pls advise me as how to safeguard this property.

Ownership of the property remains in the name of the party in whose name Conveyance-Deed was executed and registered and no one else.After his/her death, if he died after making a WILL, then those properties will devolve upon his/her death to those whom he desired to give them as per his /her last desire mentioned in it..Otherwise, they will be distributed as per the Succession Certificate to be issued by the court.As per the Hindu Succession (Amendment)Act,2005 if a Hindu dies intestate,his/her wealth will devolve upon his/her legal heirs as under:
in case the deceased was a male then his Class I & Class II heirs will be as under:
Class I relations
•   Son/Daughter
•   Widow
•   Mother
•   Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
•   Son/Daughter of a pre-deceased Daughter
•   Widow of a pre-deceased son
•   Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
•   Widow of a pre-deceased son of a predeceased son
Class II relations
•   Father
•   Brother/Sister
•   Son’s daughter’s son/daughter,
•   Daughter’s son’s son/daughter
•   Daughter’s daughter’s son/daughter
•   Sibling son/daughter
•   Father’s Parents
•   Brother’s widow
•   Father’s sibling
•   Mother’s parents
•   Mother’s sibling
In the case of females
Under the Hindu Succession(Amendment)Act,2005 are allowed equal right of property with sons.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
1.   upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
2.   upon the heirs of the husband.
3.   upon the heirs of the father, and
upon the heirs of the mother.
Suppose the father died intestate ,after  the passing of the Amendment Act,2005 leaving 2 sons and 3 daughters ,then his properties will be distributed equally among all of them i.e. in the ratio of 1/5.
Now partition of a property can be done only by the co-owners.So your uncles cannot claim any partion in your Dad's share, since they are not its co-owners.Since your father is still alive ,he can certainly make a valid Gift of his own properties by duly executing and registering a Gift-Deed.
However, this is my personal opinion.Please consult a suitable lawyer and follow his advice on the matter.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



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Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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