Ancestral property

aman (Querist) 11 January 2023 This query is : Resolved
My grand father had a brother who doesn’t have any legal heir (wife or child) so his property came to my grand father ..my grand father has three sons …can my grand father gift or transfer his brother’s share to one of his only one son..?
Property is ancestral.

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The discussion revolves around whether a grandfather can gift his deceased brother's share of ancestral property to one of his own sons. Initially, it was suggested that the brother's share, inherited by the grandfather, might become self-acquired property, allowing him to gift it. However, further clarification revealed that if the property is indeed ancestral and the grandfather inherited it from his brother who died intestate without heirs, the share devolves upon the grandfather's siblings. In Hindu law, if the deceased brother's share devolves upon his siblings, it can be considered self-acquired in the hands of the grandfather, who could then gift it. However, if the property remained ancestral throughout, gifting it might lead to disputes, especially if divisions are made among the grandfather's sons.

Sudhir Kumar, Advocate (Expert) 11 January 2023
whether there is any dispute.

kavksatyanarayana (Expert) 11 January 2023
Your grandfather's brother's share automatically became your grandfather's? Ancestral property cannot be gifted. After partition, his share is gifted to anyone.

Advocate Bhartesh goyal (Expert) 12 January 2023
Since your grandfather inherited his brother's property so after inheritance character of questioned property changed and now it's self acquired property of your grandfather and as an absolute owner he can gift or transfer the same as per his choice.

Dr J C Vashista (Expert) 13 January 2023
Share of deceased brother would be treated as "self-acquired" in the hands of your grandfather who may gift it.

P. Venu (Expert) 18 January 2023
You have posted the query based on inchoate assumptions. What is the personal law applicable? Ancestral property is unique to succession among Hindus, it is unknown to succession among Muslims, Christians etc.

Moreover, had the property been ancestral, it was unnecessary that property be gifted. Please post complete facts avoiding your subjective opinions.

Dr J C Vashista (Expert) 19 January 2023
Reply to the relevant and valid questions raised by expert Sh. P Venu for proper analyses of facts and oblige.

aman (Querist) 19 January 2023
Respected experts ,
Thank you all for giving valuable time ..
As i have already given a short summary of my query .further I add here that my grand father got his brother’s share of property because my grandfather’s brother dint have any legal heir.property was agricultural and ancestral ..and my grandfather has 3 sons .now my grand father want to give his brother’s share of land to one of his son’s son ( his grand son)..can he do that because whole property is ancestral..

P. Venu (Expert) 19 January 2023
What prevents you from posting facts than opinions? How is that the property is ancestral?

aman (Querist) 19 January 2023
Dear Venu sir ..
I have already told all facts as per my best knowledge..and property is ancestral because my grand father or his brother did not purchase it ..it came to them from their forefathers..

P. Venu (Expert) 19 January 2023
Just because they did not purchase the property, but got it from their forefathers does not render the property ancestral!

aman (Querist) 19 January 2023
Dear venu sir
Please clear my doubt about ancestral property! What is called ancestral property..?

P. Venu (Expert) 19 January 2023
You are yet to inform us of the the personal law applicable i.e. whether you are a Hindu or Muslim or Christian etc.

aman (Querist) 19 January 2023
Dear Venu sir
i am hindu

Isaac Gabriel (Expert) 19 January 2023
The propert of your father's brother devolves on your father, but it is not self acquired. So as per law the sons have become the owners.In case any distinction or division is made among them, t may create problem.

Dr J C Vashista (Expert) 20 January 2023
Besides the fact that share of deceased brother is ancestral, wherein he has died intestate having no one as class 1 legal representative consequently the share shall devolve upon his (deceased) siblings class II which would loose its ancestral identity and shall be "self-acquired" in the hands of his brother(s).

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