(Guest)

Taking away rights of son from ancestral property

Hello My parents has 3 sons. Elder brother is ill treating the parents and harassing my father. Does my father have right to take away rights of elder son from the ancestral property. Can he gift the ancestral property to other 2 sons. Father is 70 years old

Reply Follow

2 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 08 May 2020

Hi,

Your father cannot take away rights of elder son from ancestral property. He cannot gift ancestral property.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 08 May 2020

Originally posted by : Member (Account Deleted)
	My parents has 3 sons. Elder brother is ill treating the parents and harassing my father. Does my father have right to take away rights of elder son from the ancestral property. Can he gift the ancestral property to other 2 sons.

1. IF Property is "Ancestral", THEN Father simply & legally CANNOT exclude ANY of his children from their inherent rights of such Ancestral property, irrespective of any criteria.

2. IF Property is "Ancestral", THEN Father is deemed to be only a "trustee" holding such Ancestral property in "fiduciary capacity" and CANNOT Sell /Gift /Will /Transfer /Donate /Whatever .... such property to persons of his choice.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com