Property transfer from father to son

Vinu (Querist) 27 October 2012 This query is : Resolved
My father has given his only ancestor property to me with a gift deed and registered in sub registrar office and I have given some money to my only sister as her share. But this is not mentioned in the deed. my sister and mother signed in the deed as witnesses.

My query is, Can my sister claim for her share legally, again in future as nothing is mentioned in the deed about her share in property?

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Raj Kumar Makkad (Expert) 27 October 2012
Ancestral property cannot be given as gift by a person as all other legal heirs have got legal right therein since their birth so legally your sister and mother can make their claims at any time.

Arvind Singh Chauhan (Expert) 27 October 2012
No space left for advice after Raj Kumar Sir.

Adv.R.P.Chugh (Expert) 27 October 2012
In the ancestral property your sister has an equal share as you. In absence of a registered relinquishment - she still holds a share. Father could not have given the entire property as he could transfer only his share at best. The fact that they were witnesses does not make her lose her right.

Bharat Chugh
Advocate Supreme Court of India

Rajeev Kumar (Expert) 27 October 2012
After the reply of our two ld.experts Makkad sir and Bharat nothing left for me to add further.

Guest (Expert) 28 October 2012
Your question lacks one information, whether by ancestral property did you mean the property belonging to your grandfather or the undevided property of forefthers of your grandfather?

Devajyoti Barman (Expert) 28 October 2012
Yes, reply to what Dhingraji has raised.

ajay sethi (Expert) 28 October 2012
querist has not bothered to reply to queries raised by experts

Vinu (Querist) 28 October 2012
My father got the share from grandfather and my father's brother and sister got equal share. now my father has given to me

M V Gupta (Expert) 28 October 2012
It means what your father had gifted to you is the property which he got in the partition of the ancestral property between himself and his brothers and sister. If this is so, the share which he got in the partition will be regarded as his self acquired property. It loses the character of ancestral property. On this basis the gift given to you will be valid and your sister and mother cannot make any claim.

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