Ancestral property or not ps clarify

Querist : Anonymous (Querist) 13 November 2020 This query is : Resolved
I am a Hindu.
Ancestral property or not?
MY father got pagdi PROPERTY from his uncle who died childless and intestate which is going for redevelopment.

We are 2 brothers.
MY father wishes to GIVE the redeveloped property to the eldest son only (me) through gift deed.
NOT TO THE YOUNGER ONE.
I am the third generation.
MY brother has a daughter.
CAN my brother challenge the gift deed and claim share stating that it's ancestral
property.
And to fulfil the 4 generation lineage for ancestral property can he challenge and claim on behalf of his 5year old minor daughter's share in ancestral property? As she is the 4th generation.
Let me reiterate the tenanted PROPERTY came from uncle to my father without passing to my grandfather. Now going in for redevelopment and thus ownership.

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A Hindu man is seeking clarification on whether his brother can challenge a gift deed his father intends to give him, concerning a property originally acquired through the 'pagdi' system from an uncle. The core question is whether this property, now undergoing redevelopment, qualifies as ancestral, thus entitling the brother or his minor daughter (fourth generation) to a share. While the property came to the father from his uncle without passing through his grandfather, and the landlord retains ultimate title, the redevelopment process complicates ownership. Experts suggest the property might be considered self-acquired, but the brother's claim is considered imminent, especially as redevelopment often considers dependents. The final ownership and gifting rights will depend on the title transfer during redevelopment and whether the father becomes the absolute owner.

Isaac Gabriel (Expert) 13 November 2020
It cannot be ancestral. Neverthless it is also not a self earned prperty. So, gift deed to you is not proper. At the same time claim by your brother is imminent since the redevelopment taken includes the dependents too into consideration.

P. Venu (Expert) 14 November 2020
The facts posted suggest the rights in the property to be self acquired.

kavksatyanarayana (Expert) 14 November 2020
As per me, the property from pagdi system to ownership the tenant has to approach the landlord and If the landlord is ready to sell the property he can sell. But either your father's uncle or your father has no right to transfer the property. Now your father has to approach the landlord and the landlord is ready to sell, then only your father will have right over the property.

Dr J C Vashista (Expert) 15 November 2020
The property is owned by landlord as title has not been transferred to tenant, hence it can not be gifted/ donated.

Querist : Anonymous (Querist) 15 November 2020
Once the title is transferred through redevelopment. Then can he gift it to only 1 son without being challenged by 2nd son?

Rajendra K Goyal (Expert) 15 November 2020
If father is absolute owner, he can give the property to anyone.

Owner of Pagdi property remains with Landlord.

Better discuss in detail with local lawyer.

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