Satish (Student) 13 July 2012
We are having Ancestral Property of 12 acres
My Grandfather is having 6 children, 1 son (my father) and 5 daughters
In 2004, younger Daughter had executed a gift deed of 2 acres to her name from her Father(My Grand Father).
My Question is:
1. Since it is a Ancestral Property, Whether Gift Deed is applicable.
2. All the 6 childrens were major and consent was not taken from any of them.
3. Can we challenge this case in Court
adv. rajeev ( rajoo ) (practicing advocate) 13 July 2012
if it is an ancestral property of your grand father then he cannot execute the gift deed without the consent of the other co-parceners. Daughter has got property more than her share.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 July 2012
Hi Satish,
Understand that since the property was ancestral all of them had a subsisting interest of 1/7th of the entire property. Grandfather at max could have gifted her his 1/7th, coupled with her 1/7th she could own a total of 2/7th and not more than that. Any interest more than that can be challenged by the other coparcenors within 12 years of knoelwedge of such transfer.
hope this helps !
Satish (Student) 13 July 2012
Thanks Rajeev and Bharat for you reply.
Since the Gift Deed was executed on 2004, I cannot challege it.
But, can we challenge for 1/7th share of my father in that 2 Acres of land.
Satish (Student) 06 August 2012
Thanks Rajeev and Bharat for you reply.
Since the Gift Deed was executed on 1996, I cannot challege Gift Deed.
But, can we challenge for 1/7th share of my father in that 2 Acres of land?
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