Ancestor property and gift deed
Manu
(Querist) 29 May 2014
This query is : Resolved
Hi,
Its an Ancestor property
My father has gifted me 60*58 site out of 100*58 by gift deed and i have constructed house on that.
40*58 will be given to my brother during the partition, Since my brother is getting 10ft less, this will be compensated for him in another revenue property(which is around 1 acres)
1) Can he question the gift deed? If yes , can he claim the share in the constructed house also?
2) My sister got married and she has executed Release deed( Khulase patra in kannada), will she has rights in any of my father's Ancestor property?
ROHIT SHARMA
(Expert) 29 May 2014
1. If the ancestral property was partitioned through a family settlement deed and if the shares of each of the co-parcerners have been effectuated then your father can gift his share to you.
2. If no such family settlement has been done then your father cannot make a gift deed to you of a part of such ancestral property. Your brother can question this gift deed in court.
2. If your sisters have made such khulase patra before 20th Dec, 2004 then they have no legal right to claim their share in such ancestral property.
Manu
(Querist) 29 May 2014
Thanks for the suggestion
1) Will my brother can calim the rights in house also? House is constructed by me in the plot gifted by my father
2) Khulase patra is done in 2013 , can she claim the right on ancestral property?
Anirudh
(Expert) 29 May 2014
Dear Manu,
First and foremost please indicate on what basis you say that the property in question is 'Ancestral'? Only after knowing this it will be possible to give answer to your further queries.
Manu
(Querist) 30 May 2014
Property is transferred to My father through family partition deed from my grand father.
1) Will my brother can calim the rights in house also? House is constructed by me in the plot gifted by my father
2) Khulase patra is done in 2013 , can she claim the right on ancestral property?
Anirudh
(Expert) 31 May 2014
When was the family partition deed executed?
How did your grandfather obtain the property - self earned or again got from his father? - If so in which year did he receive the property from his father?
T. Kalaiselvan, Advocate
(Expert) 31 May 2014
In my opinion, the property acquired by your father through a partition deed executed by his father will become his own exclusive and absolute property hence I have my own doubt about its ancestral nature. If the said situation is presumed to be fact and your father had executed a registered gift deed in your favor, your brother cannot any share in it now neither your sister can stake a claim on it. First clarify that how did you conclude it to be an ancestral property?
ROHIT SHARMA
(Expert) 01 June 2014
1. Now that the question as to the nature of the proerty is resolved and that it being no more ancestral since such share was devolved upon your father after the family partition between the co-parcerners , then in in tis event the gift deed made by your father in your favor is absolute and hence neither your brother or sister can claim any legal right for settlement of their share in such property.
2. Lrnd. Adv. T Kalaiselvan has correctly advised.
Anirudh
(Expert) 02 June 2014
I am very sorry.
First it has to be resolved whether the property is ancestral or not.
That has not been solved yet.
Assuming that it has been solved, it does not mean once partition takes place, the share falling to a person becomes the absolute owner of his share.
The querist Manu does not seem to be interested any more.
Manu
(Querist) 02 June 2014
Hi,
Sorry for the late reply..
My father got this property in year 2004 by family partition deed with his brothers and my grand father. My Grandfather also got this property via family partition deed with his brothers in 1970's, my grandfather also got property from his father.
My father gifted the site 60*58 to me in 2008. I have constructed the house in same year.
Anirudh
(Expert) 02 June 2014
Dear Mr. Manu,
You have to indicate as to when your grandfather got the property.
Further when his father i.e. your greatgrand father got the property - whether it was his self acquired or obtained through partition?
Manu
(Querist) 02 June 2014
My Grandfather also got this property via family partition deed with his brothers in 1970's
my grandfather also got property from his father.
Anirudh
(Expert) 02 June 2014
Dear Manu,
Pl. understand, it is a painful process. You have to indicate as to in which year your great grandfather got the property.
Manu
(Querist) 02 June 2014
Hi Anirudh,
Not sure of the year..but my great grandfather got this property in 1930's. I am sure that its definitely an ancestral property to my father.
Anirudh
(Expert) 02 June 2014
From the full facts revealed by you, I have no doubt that the property in question is ancestral.
The property which your father got in partition from his father will retain its ancestral character. It cannot be termed as his private/absolute/separate property.
The ancestral property cannot be gifted away by your father. However, he can dispose of only his share in the ancestral property in whichever way that he wants.
All his children (both sons and daughters) will have share in the ancestral property.
You say that your sisters have given Kulasa Patra. If your sisters don't have any right, why will they give Kulasa Patra?
Since the ancestral property in your father's hand had not been partitioned prior to December 2004, your sisters will definitely have equal share like you sons.
If your sisters had given a registered Kulasa Patra, then they will not be able to claim their right. Otherwise, they can definitely ask for their share in the ancestral property.
Manu
(Querist) 02 June 2014
Thank you very much for detailed reply.
1)I have constructed the house on the plot gifted by my father by my own income, Will my brother can calim the rights in house also?
2) My sister given registered Khulse patra in 2013 to my father by getting 1Lac rupees. Thats means she lost right to claim right?
