Can I claim property gifted by father or divided equally?
We are three children of our Hindu parents, all of whom are married. We have one house in the name of my mother, which is not ancestral property. My mother passed away in 2008. After her death, my father transferred the house khata to his name. He continued living in the house until his death in 2023. In 2022, my father registered the house in my name through a gift deed. Now, my siblings are demanding a share of the house property. My questions are as follows: 1. Did my father have the right to gift the house to me? 2. If not, will the house be divided into four equal shares? Since my father’s wish was to give the entire house to me, in his absence, can I claim 50% of the house (i.e., his 25% share plus my 25%)? 3. Can I claim my father’s property if he benefited from "Adverse Possession" under Section 65 of the Limitation Act, 1963?"
Under Hindu Succession Act, upon your mother's death in 2008, the house would automatically devolve to all legal heirs (father and three children - 25% each), regardless of the khata transfer, and your father could only legally gift his 25% share through the gift deed. Therefore, you are entitled to 50% of the property (your original 25% share plus your father's gifted 25% share), while your siblings would each get their 25% share, and adverse possession doesn't apply since your father was a legal heir with legitimate right to stay in the property.
Under Hindu Succession Act, after your mother's death, the house would devolve equally among all legal heirs (father and three children - 25% each), and your father could only legally gift his 25% share to you through the gift deed. Therefore, you are entitled to 50% of the property (your original 25% share plus your father's gifted 25% share), while your siblings would each get their 25% share, regardless of the fact that your father attempted to gift the entire house to you.
Sir, based on your facts, your father had the legal right to gift the house to you, and your siblings cannot claim a share if the gift deed is valid. If the deed is contested, the court will examine the situation and may divide the property according to Hindu succession laws. Adverse possession does not apply here as the property was transferred by your father legally. You may need to defend the gift deed in court if a legal challenge arises. It is advisable to consult a property lawyer who can assist you in drafting a legal response and help you in the event of any disputes. For further legal assistance contact us on our helpline number.
Sir, based on your facts, your father had the legal right to gift the house to you, and your siblings cannot claim a share if the gift deed is valid. If the deed is contested, the court will examine the situation and may divide the property according to Hindu succession laws. Adverse possession does not apply here as the property was transferred by your father legally. You may need to defend the gift deed in court if a legal challenge arises. It is advisable to consult a property lawyer who can assist you in drafting a legal response and help you in the event of any disputes. For further legal assistance contact us on our helpline number.
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