ancestors property gift deed

sayali talathi (Querist) 28 June 2015 This query is : Resolved
I will explain my case my grandfather died without any will so as elder son my father took hold on property. My father has 2 brothers and 1 sister now my father says his sister has given hakka sod patra so now 3 my father and 2 brothers are there as this property is ancestral can my father gift deed any of the part to this property to only one son as my father has 2 sons And1 daughter? Under what circumstances my father can gift deed property?does he have authority to gift deed ?do i have right on ancestral property? My father and his brothers has made vatahukumnama so now still the property is ancestral?

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ADV-JEEVAN PATIL, MUMBAI (Expert) 28 June 2015
U r right. Since property not decided n as ancentral property, ur father cannot gift only to one son. All have euql right

Anirudh (Expert) 28 June 2015
One has to first come to a conclusion whether the property is 'ancestral' or not.

For this one has to first know when your grandfather got the property and how he got the property.

After knowing this, depending upon the answer, further information needs to be provided by you.

Dr J C Vashista (Expert) 29 June 2015
Rightly observed by expert Mr. Anirudh, which I agree, the knowledge about the status of property involved shall decide further opinion/advise.