Family property issue
sreekumar
(Querist) 23 July 2015
This query is : Resolved
Sir,
1. MY father has inherited property from his father and Mother.I have a sister only and no brothers.
Can he give it to my sister alone as gift deed or through will. Is it not a ancestral property? What legal remedy I have to protect my rights?
2.My Mother had inherited property from her father and she has bequeathed to my sister alone as a gift deed? is this legally tenable. What action I can take?
we are Hindus from Kerala State
The property on either side was purchased by my grand father that is my mothers father and fathers father respectively. It came to my mother and father through family settlement.
adv. rajeev ( rajoo )
(Expert) 23 July 2015
IN the ancestral property no body has right to bequeth the property to only one person, at the most they can give his/her share.
P. Venu
(Expert) 24 July 2015
Inheritance? Was it through a partition deed or a family settlement?
Rajendra K Goyal
(Expert) 24 July 2015
Who purchased the property and how it came in the hands of your mother's father? First show all documents to local lawyer to find whether the property is ancestral or otherwise.
sreekumar
(Querist) 25 July 2015
The property devolved on my father and mother through family settlement .There was no partition deed as such.
sreekumar
(Querist) 25 July 2015
The property on my mothers side was purchased by her father and on fathers side by his father
T. Kalaiselvan, Advocate
(Expert) 29 July 2015
This will not come under the meaning of ancestral property. It was your parents' parents self acquired property which fell into the hands of your parents respectively and they became absolute owners of their respective properties hence they have full rights to well transact with the property in their possession in the manner and way they may desire or wish to.
You dont acquire any rights in either property so there is no question of protecting your rights in the property.
You may convince your parents to allot you too with a small share in the properties which if hey can consider you can avail or else you have to remain silent.
