ancestrols agricultural land in gift deed
rd
(Querist) 05 May 2011
This query is : Resolved
sir,
as i am living in mumbai and i do not have exact idea about land law of maharashtra. my maternal uncle has made a gift deed from my maternal grand mother who owns agricultural land from her father and not earned by her. my uncle had done the gift deed by taking her to register office and made three parts of that land but they are 02 brothers and 04 sisters. is it valid the gift deed done by him on ancestrial property and if not then what are the options to get them back. in gift deed only his name and his brothers name along with his wife name is their. my grandmother is dimissed and one of the withness to that gift deed also died.
please help me
R.Ramachandran
(Expert) 05 May 2011
What your grand mother got from her parents cannot be treated as 'ancestral property'. It will be treated as her personal property.
Since you say that your grand mother has gone to the Registrar's office and signed the documents, it will be little difficult for you.
But the Gift Deed can be challenged only by alleging that your uncle obtained the same by practising fraud, coercion, undue influence and pressure etc.
As already indicated, the chances of your succeeding are very dim.
Guest
(Expert) 06 May 2011
I agree with the views of Mr. Ramachandran. One more thing, even if you file a case alleging coercian, pressure and fraud etc., on your grand mother by your maternal uncle,unless your grand mother, if alive, agrees on that how you would like to prove that. Your maternal grand mother was free to dispose of her property the way she liked.
M/s. Y-not legal services
(Expert) 06 May 2011
Even my doubt with mr.ramachandran, here how the property can be treat as personal.. The grandmother got the property from her parents mean how its can be personal earnings? For her legal heirs its ancestral only..
R.Ramachandran
(Expert) 06 May 2011
Dear Mr. Tom,
Please go through Section 6(2) of the HSA, 1956 which reads as under:
(2) Any property towhich a female Hindu becomes entitled by virtue of sub-section(1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force in, as property capable of being disposed of by her by testamentary disposition.
Thus, even though the famale may get a property from her father (either as a co-parcenary or by way of inheritance), she can dispose of the property.
This is in complete contrast to the situation of a son/male member, who gets such a property. The male member/son has to continuously maintain and treat the said property as the coparcenary property, and he will not be able to sell it as his own property.
Even if her children or grand children get the property from their mother/grand mother, it will not be ancestral property, for only those properties which devolves from male ascendants (and not female ascendants) are regarded as ancestral.
I hope this clarifies your doubt.
