Ancesteral property
SRIKANTH
(Querist) 09 October 2015
This query is : Resolved
Respected experts:-
Hello to all of you:- Mine is Srikanth writing this from Tamilnadu. I have a query which is below.
My grandfather made partition of his properties for my father and his brother in the year of 1973.
We are 2 sons and 3 daughters.- My elder brother already got some of properties from my father through partition. In addition to that my father did one gift settlement to my elder brother in the year 1992-the same got registered. My father passed away in the year of 1994- also remaining properties are not partioned. My elder brother is not co-operating for any of the property.
My questions are:-
1.Can ancesteral property gifted to one legal heir?.
2.Can we cancel the gift settlement thru legal.
3.What is the process for recovery and its success rate?.
Request your valuable feedback to proceed with legal experts further.
Thanks/Regards
Srikanth ps
Anirudh
(Expert) 09 October 2015
Dear Mr. Srikanth,
First you have to clarify as to on what basis you say that the property is 'Ancestral'.
Unless this is clear, it is not possible to appropriately answer your query.
Kumar Doab
(Expert) 09 October 2015
The title of your query is 'Ancestral Property'.
In the query you have posted that:
'My grandfather made partition of his properties for my father and his brother in the year of 1973.'
It is believed that you are Hindu.
The language of the query suggests it is self acquired property of the Grandfather.
Your father died in 1994.
The un-partitioned property of your father shall devolve upon his ClassI legal heirs.
Your father before his death has already disposed a part of his property as per his wish at that time.
Rajendra K Goyal
(Expert) 10 October 2015
It seems the property does not fulfill the conditions of ancestral property.
Show the documents to local lawyer
You can file partition suit claiming your share.
malipeddi jaggarao
(Expert) 10 October 2015
1. Since father got the properties by way of partition from his father, this share of property dwell on your father is considered as self-acquired property. Your father is free to deal with this property as per his wish during his life time. Hence gift deed registered by him in favour of his brother is valid and you cannot challenge it.
P. Venu
(Expert) 10 October 2015
Was the gift conditional or unconditional?
SRIKANTH
(Querist) 11 October 2015
Thanks to all the experts for your kind opinion. Let me clarify further respect to ancestral prperty.
1. Gifted and registered ancestral property which came to my grand father from his father.
2. Gift settlement to my elder brother from my father was made in 1992. At that time I was minor.
3. My elder brother already got share from my father under partition from some of other properties.
4. At that time of gift settlement in 1992 myself and 3 sisters were in presence
5. According to Tamil nadu act 1989 came which states womans rights in ancestral property. The gift settlement and registered in 1992.
I submit the above for your advise/opinion
Thanks/regards
Srikanth
Anirudh
(Expert) 11 October 2015
1. Your point 1 is quite confusing. Do you mean to say that your greatgrand father gifted the property to your grandfather?
2. Can you tell in which year your grandfather got the property from his father?
P. Venu
(Expert) 11 October 2015
As already clarified to you, the property is not ancestral; as such, why you want assert to the contrary?
The only aspect to be looked into is whether the the so called gift settlement contains any condition which can have the effect of your brother relinquishing any claims as the legal heir to the father who had died intestate.
In fact, there is much ambiguity inherent in your statement, "My elder brother already got some of properties from my father through partition. In addition to that my father did one gift settlement to my elder brother in the year 1992-the same got registered."
