how to challenge gift deed of ancestral property in Kolkata court
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A gift deed of ancestral property can be challenged by filing a suit for declaration and cancellation before the civil court in Kolkata. A coparcener cannot gift ancestral property without the consent of all other coparceners, and such a gift is void to the extent of the shares of the non-consenting coparceners. The Calcutta High Court has held that a gift of ancestral property by a karta is valid only for family necessity or pious purposes and cannot be made arbitrarily. West Bengal Premises Tenancy Act 1997 may have additional requirements for gift deeds or partition of ancestral property in West Bengal. The plaintiff must establish that the property is ancestral and that the gift was made without consent of all coparceners. The suit must be filed within the limitation period of three years from the date of knowledge of the gift deed. File the suit with revenue records, family tree, and the gift deed under challenge.
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