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Gift deed and Ancestral property share rights

Hi,

An ancestral property is divided to two of the sons of a family as a GIFT DEED by their father. They have other two sons and two more daughters, in which the father settles a bought property to two sons and an amount of money to the daughters. It has been registered in the year 1994.

The property is common for both the sons and they have not partitioned it. After the death of one of the two sons, his wife wants to divide the property for her own usage. But, unwillingly the mother of the son, asks a share on that property as one of his legal heir. So, do the wife of the dead person, needs to give a share when she is alive or her legal heirs after the death of the petitioner, (the mother of the dead son in this case).

Thanks in advance and await for your response.

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1 Replies

Darshan Panchal (Advocate) 06 August 2010

In the first place, father could not have gifted HUF(Ancestral) property by a gift deed. all co-sharers or co-parceners are entitled to a share in thea ncestral property. The mother can always seek partition of the property as it was not a self acquired property.Had it been so, nobody could have challenged it. she is entitled to her undivided share as the property is not partitioned. As said earlier gift deed itself is void.