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Dear Sir

I need some clarificationsÖ.

1.   A women gifted her part of land to her motherís younger brother (uncle). The receiver of the gift bachelor person (uncle) death in intestate stage.

Whether the property will go to the elder brother of intestate? Or will the gift deed get canceled and property go back to herself. (Intestate personís sisterís daughter)? Whether brother and sisterís daughter are co-heirs?
I am the elder brother of intestate.

2. My sister gifted her land to my younger brother. My bachelor younger brother death in intestate stage whether the property go to the other brothers or donated sister.

3. A bachelor death as an intestate. He had only related with an alive brother and predeceased brotherís son. As per Hindu succession act who is proper legal heir of this intestate property? I am the brotherís son.

4. My father and his younger brother separately received property by gift from the sister and sisterís daughter.
After my fatherís death I got his land position to myself. Now my fatherís brother death as an intestate stage.
As per Hindu succession act weather who is legal heir I am or donated sister and her daughter.
In this intestate land, am I having position as a co-heir or full legal heirship?

5. Who is getting most priority to proper legal heirship in class 2 of (a) Brother (Para II), (b) Sisterís daughter (Para IV), (c) both of them as per Hindu succession act 1957?
I am sisterís daughter of this case.

Dear Mahadevan,

The property gifted once, unless such gift is cancelled by due process of law, it remains with the Donee for all times and will pass on to his heir/s in case of death of the donee.

The Donor looses the right over the property and cannot reclaim it back upon the death of the donee. In the Gift Deed the covenant of acceptance of Gift and Delivery of Possession are important and once the acceptance and delivery of possession is taken, then the gift becomes irrevocable unless decreed by a competent court of law in a civil proceedings.

The aspect of share in the property of the deceased as per the Hindu Succession Act as Class II heirs, it is to be decided by the Courts and if the donor is falling in the category of the Class II heirs, she will also be entitled to the share in the property of the deceased.

A good lawyer on civil side will be best able to guide and assist you in your endeavour to get the proper relief and you need to consult one within the place of your domicile.

Best regards
Javed Razack  

Indian Law

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Javed Razack


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