Can my father’s brother's wife make a valid gift deed?

The property document is in my father’s father's name (i.e., my grandfather). My father has 3 brothers, and all of them have passed away. There is no will executed by my grandfather, and no partition has been done till date. My father's brother's wife has made a gift deed in her only daughter's name. Is it valid? Some of my cousin brothers are not coming forward for partition. What should be done in this case? Is it legally valid for cousins who are interested to give a no-objection letter for my father's 1/4th share?

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Advocate By LEAD INDIA Answered: 27 Feb 2025

If the gift deed was registered legally and followed all requirements, it is valid. You can approach the court for a partition suit if some cousins are unwilling to cooperate. A no-objection letter from cousins is legally valid, but it may not be binding if challenged in court. It is advised to consult an expert lawyer who will assist you with best course of action. For further legal assistance contact us on our helpline number.
 

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