gifting of ancestral property
william lobo
(Querist) 13 November 2009
This query is : Resolved
My mother made a will and my sister has gobbled major portion of this property by her astute lawyer.
Also she has gifted about 40% of her acquired ancestral property to her daughter. Can this be done. Can she gift ancestral property. Also the subdivision was done without the registered will of the mother. Can I challenge in court today after 16 yrs??
Raj Kumar Makkad
(Expert) 13 November 2009
Ancestral property cannot be gifted or parted ex-parte so go to civil court and got declared all actions as null and void and seek the partition of your due share as per law of inheritance applicable to you.
Adinath@Avinash Patil
(Expert) 14 November 2009
YOU CAN FILE PARTITION SUIT AND CHALLENGE WILL FOR ANCESSTRAL AND SELF ACQUIRED PROPERTY.
william lobo
(Querist) 14 November 2009
Thanks a lot to Mr.Avinash patil and Mr.Raj Kumar Makkad.
william lobo
(Querist) 14 November 2009
I forgot to mention we are two brothers and one sister. Total land before division was 10 gunthas. My sisters lawyer came and did the division and alloted about 4.4Guntha to my sister i.e. she also took up the common land. 2.95 received by my elder brother and only 2.8 gunthas to myself. Is this fair. Also the lawyer has not gone as per the terms and conditions of the will that clear cut explained about the common land in front to be used by myself and all except in my portion which is totally mine.
