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karthikeyan (Software Engineer)     19 December 2013

Ancestral or self acquired property

Hi,

    My father's grandmother gave a immovable property to my father thru gift deed.

Whether it's self acquired property in hands of my father or

it's ancestral property in which I can claim my share on it.

 

Please note: the property is given my father's grandmother(his mother's mother) but my grandmother.

 

[a] When a property becomes ancestral property?

[b] whether any property other than self earned property is ancestral property?

[c] If possible, give a clear explaination on ancestral property

Thanks

Karthik



Learning

 5 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     21 December 2013

Dear Kartikeyan,

You can claim right over the property in respect of the property gifted by your grandmother only upon the death of your father and the same cannot be treated as Joint family Property. Since, the Property gifted by your father's Grandmother will be treated as individual property and she was entitled to gift either to your father or to any body she feels so. Only in Joint Family Property, which is acquired by way of inheritance can be claimed for partition.

 

 

adv.raghavan (Advocate,9444674980)     21 December 2013

i agree with the above.

karthikeyan (Software Engineer)     22 December 2013

Thanks Narasimha Rao. The same property is gifted to me and my brother (jointly) in 2003 by my father. Now my step brother is planning to file a suit against us to claim his share as it's ancestral property.  Does he has right on such property? Please advise me.

 

Thanks Raghavan to support   

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 December 2013

Dear Karthikeyan,

If the property is ancestral, then he can claim share in the property. 

karthikeyan (Software Engineer)     24 December 2013

Sir,

    I need clarity on property, whether it's ancestral property? My father got the property from his maternal grand mother thru gift deed.

The property is not inherited by him without will. The property was in his name 

 

I agree with you that if ancestral property, then I have to give the share to him.


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