As a granddaughter can i claim on ancestral property that was gifted?
Malleswari
(Querist) 13 June 2014
This query is : Resolved
We are four child to my father, I have two sisters and a brother. My father was the only son to my grandfather. properties came from grandfather's father. I need clarification on 3 things..
1. My father gifted on of the property to his wife with love ( his only wife and my mother) in 1966 after we were all born and minors at that time. my grandfather was died at that time. My mother recently made a will to his son neglecting the daughter's on this property. Can i claim on this property for my part on this?
2. My mother purchased a land in 1965 from the income came from agricultural lands which were came from my grandfather. This was gifted to my brother by my mother recently. Can i claim on this property?
3. My father purchased a land and was given to my elder sister at the time of her marriage without any registration. Can i claim on this property?
My got married in the year 1982 at the age of 18 and my father was died in the year 1999.
At Present i have no income, My husband is not staying with us. I have two sons younger son died on an accident in the year 2003 and my elder son is a civil engineer and also severely injured in an accident and cannot walk anymore.
Please somebody give me the suggestion on these properties.
Thank you in advance
Nadeem Qureshi
(Expert) 13 June 2014
You should contact a lawyer personally in your area it will be better for you to know detail procedure.
Malleswari
(Querist) 13 June 2014
Please give me details on ancestral property. i am belonging to the forth generation. Can my father gift the ancestral property to his wife?
Raj Kumar Makkad
(Expert) 13 June 2014
1. The claim in the first property can definitely be made by challenging the gift deed of 1966 as your father was not competent to will out the ancestral property in favour of your mother. As your mother is still alive, the alleged will executed by her in favour of your brother has no value in the eyes of law during her life time.
2. It is very difficult to put claim against second property purchased in the name of your mother during 1965 out of joint Hindu family income. You need to struggle a lot to get share therein as many persons are required to be impleaded in this case.
3. As no registration has been made in the name of your sister, you all legal heirs including you have equal share in that property after the demise of your father. You can definitely seek its partition and possession.
Malleswari
(Querist) 13 June 2014
Thank u very much Mr. Raj Kumar makkad. As it is ancestral property I have no documents regarding those. I only know survey number and place of the property. But I got a gift deed that was made in favor of my mother from registrar. Can I file with this document. If not what are documents that I have to collect?
Raj Kumar Makkad
(Expert) 14 June 2014
You can collect those documents from the office of Registrar or Tehsildar or Patwari. The suit is required to be filed at the same place wherein such property is situated. For the proof of ancestral, you need to obtain the successive ownership chain means mutations from either of the offices, I told above.
Better engage the professional services of a local lawyer.
Malleswari
(Querist) 14 June 2014
Mr.Raj kumar makkad, I met a local lawyer here.. I asked the same question that I asked you. he replied like this "he can gift the property to anyone since he is the only successor with out any brothers. so he had the right to gift the property and as it was given to wife, she can will to anybody as her wish even though its an ancestral property". I am confused now. Please help me to find any reference with section so that I can refer those
Adv Archana Deshmukh
(Expert) 14 June 2014
I concur with the opinion of your local lawyer, as ladies were not recognised as a coparcener under hindu law at the time when your father gifted the property to his wife which he had acquired from his father. So, the gift deed, if legally executed will be valid and your mother can legally dispose it off in the way she wants. If there is some property remaining in the name of your father, you can still claim your share.
Raj Kumar Makkad
(Expert) 14 June 2014
I think expert Archna has not gone through the facts of the first property in depth. The property was willed out by a coparcener during the year 1966 and I have opined to challenge that will and subsequent mutation entered thereto.
Malleswari
(Querist) 14 June 2014
As the property came from 3 generations, and I am in the forth generation. The property neither self-acquired by my mother nor by father. Can they still have the right to dispose on their wish?
Raj Kumar Makkad
(Expert) 14 June 2014
Your father could not have willed out that ancestral property. This is the crux of the matter.
Malleswari
(Querist) 14 June 2014
Mr. Raj kumar makkad, but it was gifted and that was registered.
Adv Archana Deshmukh
(Expert) 14 June 2014
I think Mr. Makkad, should himself have read the query properly before making such comments upon others ..... Nowhere the querist have written that her father have "Willed out the property".
Raj Kumar Makkad
(Expert) 14 June 2014
I do agree that the father of the querist had gifted the property to his wife instead of willed out. Thanks expert Archana for correcting me.
There is no intention of any expert to tease or pinch or derogate him/her rather to put his own view. After all we are lawyers and there is no requirement to come to same conclusion. We can definitely bring all aspects of the issues while advising.
There shall not be material change in the result. Even if the ancestral property was gifted by the father of the querist, the same can be got set aside.
Malleswari
(Querist) 15 June 2014
Experts please give me proper suggestion. In which way or point should i go for share in that gifted ancestral property. I read that As per the 2005 amendment, Daughters also have the equal right by birth. That was gifted only after we were all born, can i raise and defend on this point?
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
I go with the views and opinions given by expert learned advocate Ms. Archana and I feel it is perfect and cannot be disputed. What is to be ascertained is that even if it considered as ancestral property, the daughters or grand daughters were made entitled to a right of share in the same subsequent to the amendment made in HSA in the year 2005 only which has no retrospective effect. As per the amendment, the property should not have been partitioned or transacted in any manner as on the date of the said amendment came into force. Therefore the gift deed executed by the author's father in favor of his wife during the year 1966 is legally valid and cannot be disputed in the name of coparcerner's right. Her mother can dispose the property in any manner she desires so being the absolute owner and having marketable title over the same. For second query too, her mother can dispose the property in manner being the absolute owner of the same. Both the said properties are now properties in the hands of a woman as her exclusive property. For third question, if the property was not transferred by a registered deed, it can be challenged for a share in it by the author by filing a partition suit, but the chances are remote in this too owing to the prevailing circumstances.
Malleswari
(Querist) 19 July 2014
I heard that by birth even daughter gets the right on ancestral property. So the ancestral property was gifted after the birth . Can i raise this point and chances of winning on this?
Raj Kumar Makkad
(Expert) 19 July 2014
You are right to the effect that daughter has share in ancestral property and definitely you can challenge the gift on that ground also.
