can father during his lifetime add name of his children to ancesteral property of his deceased parentsin addition to existing names of his brother and sister
nitin (proprietor) 19 March 2012
can father during his lifetime add name of his children to ancesteral property of his deceased parentsin addition to existing names of his brother and sister
M. A. Khan (advocate) 19 March 2012
during life time of father, children name cannot be mutated.
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 20 March 2012
CONTRARY to what is stated above :
1. The Father can definetly add the name of his own children in the 7x12 extract on his own ratio (share) of his ancestral property, via a Stamp Duty paid Registered Gift Deed or a Relinquishment Deed AND further by following appropriate documentary procedures under the state local Land Laws.. This needs to be done during the life-time of Father (who should be certified mentally fit).
2. The above means the father can Gift / Relinquish his "OWN SHARE" of the Ancestral Property to his "OWN CHILDREN". However the father would not be able to Gift / Relinquish the Ancestral Property to ANYBODY else other then his own children, who are by default, rightful claimant-owners of the Ancestral Property of their father. The children are the rightful legal heirs of the Ancestors (i.e. Grand father, Great-Grand Father and so on)
3. IF the father had no children or if the childrens expire before the father expires, THEN, the said "undivded / unpartioned" ancestral property, by default would have to be Gifted / Relinquished / Willed / inheireted to the other legal heirs of the Ancestors and not anybody else outside the line of Ancestors.
4. Further, IF the father had no children or if the childrens expire before the father expires, THEN, the said priorly "Divided / Partioned" ancestral property, may be SOLD OFF / Gifted / Relinquished / Willed to ANYBODY (i.e. to third parties, outside the line of Ancestors) and the other legal heirs of the Ancestors, would have no right to interfere. This is possible only if the ancestral land was "divided / partioned" and there are seperate land records (7x12) for the same.
Keep Smiling .... Hemant Agarwal