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Sakthivel04 (Software)     05 August 2012

Can a property from gift settlement can be as ancestral

My father has got a property from my grandfather through a gift settlement in Feb 2004. The said property was a self acquired by my grand father. Later my father has settled the property in my favour through a gift settlement in November 2007. Now my sister claims that since the property belongs to my grand father, my father has no right to give it to me as gift and she has the equal right. I would appreciate your clarification. Can my father cancel the deed in favour my sister ? There is no conditional clause in the deed and it was stated as immediate possesion tranfer to me.



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 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 August 2012

As it was the self acquired property of your grandfather, he had every right to gift the same to your father   and in this way it became the self acquired property of your father so  he can validly gift it to you alone. There is no question of sister's share in the property. The gift, if otherwise valid,  cannot be cancelled now.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 August 2012

Endorse Ld.Archana Ji. 

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