Donation of ancestral property which hasnt been divided yet.
anup neshti
(Querist) 14 March 2013
This query is : Resolved
dear sirs, As per Indian family, the ancestral property is divided and handed over to the next generation as per the will. but in our case, the property is yet to be divided amongst my grandfathers. and then comes the share of my father and uncle. which is going to take a long time. some of the property was into litigation since decades, which through high court, was now judged in our favor. two questions-: 1) is there a legal way to get the process sped up by issuing notices to the concerned parties? 2) we are well to do family on our own. my father wishes to donate his share into different trusts, temples and orphanages. can he do that now itself when the properties are yet to be divided and freed of litigation? our sole concern is that my fathers share should not be used in any way by his family or its members in future. your guidance and advices are valued and welcome. thank you
Raj Kumar Makkad
(Expert) 14 March 2013
As the high court has already decided the case in favour of your father, much time is not required to specify the properties thereto and thereafter your father is free to deal with his share because even if any objection is to be raised, those are all of you means legal heirs of your father. It shall be better if you all also provide NOC to the donations/gifts etc. as desired by your father.
anup neshti
(Querist) 14 March 2013
the property in court discussion is just one of the many properties sir. besides there are other properties also which havent been divided legally since my grandfathers time. so, officially, even my grandfather is yet to get his ancestral share.
is there a way to evaluate all the property, judge the total share that my father would get, and then donate/gift it as off now itself?
Raj Kumar Makkad
(Expert) 14 March 2013
No donee shall like to take the donation of a disputed property. Anyway, you father can make his registered will with attesting witness signature of your all brothers and sisters thereto bequeathing his desired share to be donated after settlement of the entire dispute and till then he may provide the use rights to the donee organizations.
