Surya (Manager) 03 April 2014

Son's right on gifted ancestral property

Hi,

I've gifted my share in my ancestral property (house) to my mother in 2011. Wife filed 498a and MC in 2012. She filed partition suit(filed on behalf of my 4 yr son) by mentioning that the gift deed is void ab initio in Jan 2014. My mother bought agricultural land and a house site with her money and the gifted money from my brother. Now my wife is claiming that I've the share in those properties and the same has to be divided with my son in the partition suit. My mother in the process of filing the counter. How can my son claim the share from a gifted property? How is he going to get the share in my mother's properties what ever the way that she acquired (either by her self earnings/savings or by others -mine or my brother's money)? Any suggestions....

Thanks!!

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3 Replies

C.D.Seshadri (Advocate Mumbai High Court) 04 April 2014

In my opinion, your son cannot have have any right on your share in the ancestral property which you have gifted to your mother. But your son will be entitled to some share from the ancestral properties as a legal heir. This definitely will not be the quantum which your wife is now claiming All the details when disclosed, a clear picture could then be sought.

Adv. C.D.Seshadri

cdseshadri17@gmail.com

Dr J C Vashista (Advocate) 04 April 2014

Since the property is self acquired in the hands of your (Hindu female) mother-she can dispose it of as she desire, none have a right on the property during her lifetime.

Your son do not have any right, interest or claim over there, engage/consult local lawyer.

T. Kalaiselvan, Advocate (Advocate) 05 April 2014

Firstly, if the property mentioned as your share which you have stated to have transferred on your mother's name in the name of gift deed was an ancestral property and this was your legitimate share in it your son if he was already born on the date of such transfer(including he was in wife's womb then) he is entitled to a legitimate share out of your share in the property, therefore your wife can file a partition suit on behalf of her son as his guardian and next friend. However the partition suit can be filed against you only and since the property is in the hands of your mother now, she can be impleaded as necessary party to the suit.A suit against your mother demanding share in her properties that purely belongs to her is not maintainable.