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sravan   14 July 2017

If ancestral property is gifted to son by father ,

Ancestral property is gift registered to one son by father and other sons accepted and signed as witnesses on gift deed.

Can the other sons now  claim ownership on that property?. As it is grand fathers propety, they are also legal heirs. So father gift will be valid?



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 6 Replies

Ms.Usha Kapoor (CEO)     14 July 2017

If they/other brothers sign relinqueshment deed in favor one son who has been giftd property by the father in ancestral  property giftdeed is valild.

P. Venu (Advocate)     14 July 2017

How is that the property is ancestral?

Kumar Doab (FIN)     14 July 2017

Pls respond to the point raised by Mr. P.Venu.

 

Kumar Doab (FIN)     14 July 2017

If the grandfather was 1st owner of the property in the family chain then it may not necessarily be ancestral.

Until or unless it is thrown into ancestral pool by owner.

 

Therefore apparently there seems to be no defect in gift deed.

The gift is complete the gift is accepted by donor and confers title with immediate effect.

Kumar Doab (FIN)     14 July 2017

 

Moreover other sons have signed as witness.

It might be sheer wastage of time and money to agitate now and it may spoil the relationship as well. 

T. Kalaiselvan, Advocate (Advocate)     18 July 2017

The property transferred by father to his one son by way of registered gift deed is very much valid and not questionable by anyone, neither his other sons can claim a share in that property as a right.

This property becomes the father's own and absolute property even though he inherited it from his father as his share, hence it is not ancestral property to the children of the father, therefor nobody has any right in it.

 


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