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gift deed

(Querist) 03 May 2009 This query is : Resolved 
My grand mother's self earned property gave to my mother through gift deed. My mother gifted the same property to one sister through gift deed.Can I have the right to claim a share from the same property as the nature of the property is ancestral?
Y V Vishweshwar Rao (Expert) 04 May 2009
It was Grand Mothers self acquired proerty settled in favour of Mother
Mother Settled in favour of her daughter/Ssiter
it is not proerty coming from your father / Grqand father /not from father side /it is not your ancestral Proerty

it is from mother side famale relation -

In some area /places that there is Custom - what evewr the proerty mother acquires from her mother & father goes to daughters only - it became custom

There is usage in some families that property of mother from her mother & Father, treated as Joitn proerty of the said Family Unit( Husband , Wife son and dauthers )

A discussion to be made-on - Once the proerty from father is Ancestral Joint family proerty and Daughters are coparceners , what about the property of mother side and its implications ?


Swami Sadashiva Brahmendra Sar (Expert) 04 May 2009
I do agree with mr Rao.You can not claim a share in the property which your mother gifted to your sister.
company worker (Querist) 04 May 2009
Thank you for giving answer to my question.I am from kerala state and belongs to Hindu Family. There is no special customary law for us.I belongs to Nair Caste. I have a doubt whether the Hindu succession act is not applicable to me or not? Is it is right the ancestral property conveyed by Gift deed?
sanjeev murthy desai (Expert) 04 May 2009
Dear Mr. Vijayan,

Please completely gothrough the section 14 of Hindu Succession Act.. in my view as per this section confirm that the absolute ownership women who acquired the properties under Gift Deed and other form... Absolute ownership means right use, right to enjoy, right to destroy, right to transfer and nobody can claim that properties during her life time...

sanjeev desai
J K Agrawal (Expert) 04 May 2009
The matter does not concern with the faith of custom you believe.

Property in hands of your mothers mother is self acquired one (as You stated), so she have a unconditional right to transfer the same. When it came in the hands of your mother, again it is her self acquired property and she can transfer it as she wish. Presently your sister has absolute right in property and there is no right what so ever with you.

It does not matter anywhere that which religion you profess or where do you live.
adv. rajeev ( rajoo ) (Expert) 04 May 2009
It is not an ancestral property of u. u cannot calim the share. When the property is gifted to ur mother it is her absoute property, she can transfer and give to any body.
M. PIRAVI PERUMAL (Expert) 05 May 2009
I agree with the views of Mr. Sanjeev.


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