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yusuf (manager)     02 January 2013

Ancestral property gifted away

after partition in 1947 my father was alloted a house in his name by the government later on after the death of my father the property was trasfered in the name of my mother. I am the only daughter of my parents having 1 son and 3 daughters.in 2002 my son on its own without telling me and my daughters got the property trasfered to his name from my mother as gifted property and sold it to third party. my mother is still alive. there is no registration deed done yet in the name of third party.

now please suggest me what can i do..... is this a ancestral property ? what action can i take to take that property back. son has been disowned by me 7 years back in 2005.



Learning

 2 Replies

Advocate Rohit (Advocate)     02 January 2013

you need to approach the civil court and ask for injunction so that thrid party cannot enter into it or create any rights upon it.

Since the property was named in your fathers name and then by his death got trasnferred in your mothers name. Thus your mother has no right to gift it.

 

You need to approach the court.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

LegalArrow ( Advocate Bangalore)     02 January 2013

As far as you are concerned it is not ancestral property. As far as your children is concerned it is ancestral property. your Mother has every right to alienate the said proerty in whose ever favour as per her wishes, subject to No-objection of your children if they are major. In your case i think it is a valid transfer in the form of a gift deed and as such you dont have any right to oppose. I THINK.


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