how to divide anchestral property
anuja d g
(Querist) 06 November 2016
This query is : Resolved
My father(who is no more) has divided his anchestral farm lands to my mother name nearly 55 Years back and to my two brothers 11 years back and some property is still in his name our property is nearly 100 years old ancestral property we are two�brothers and�two sisters we didn't got any thing from the property
Now my mother wants to give half of her property to me how to make that one in my name what is the legal procedure to entitle property share.
Anaa
Rajendra K Goyal
(Expert) 06 November 2016
Through which document your father gave the property to your mother and two brothers?
Whether the document was registered?
If your mother want to give half property to you, she can gift it to you through gift deed.
Kumar Doab
(Expert) 06 November 2016
You may revert to points raised by expert Mr. Rajendra K Goyal.
It is believed that you are Hindu.
Ancestral property is Property inherited upto 4 generations of male lineage........
Wife is not coparcener in ancestral property.
100 years property also may not necessarily be Ancestral.
To avoid complications in future also, first of all obtain mutation record with link docs and show these to a very able counsel specializing in revenue/property/civil matters and confirm it is ancestral property!
Devajyoti Barman
(Expert) 06 November 2016
Your mother can execute a def of gift in your name to transfer her sahre in the proeprty in your favour.
anuja d g
(Querist) 06 November 2016
I believe that my father has given application requesting to do the property on my mothers name to tahasildar. Now the properties are on their name, on 7/12 uttara my brother n mother have only their names not my father's .yes we are Hindu family and I got married in 11 June 1995 They say our house is nearly 200 years old madhav rao peshava they have visited our house. Our estate was in east India companies hand since my father's father passed away when my father was just 5 Yeats old.So they use to run our house and company ppl use to stay in our house.
anuja d g
(Querist) 06 November 2016
What is the procedure for gift deed. Is it very expensive. Instead of gift deed if my mother make will and write property on my name in her will is it valid to get property on my name.
anuja d g
(Querist) 06 November 2016
I belong to Maharashtra .Property is in Maharashtra.
Rajendra K Goyal
(Expert) 07 November 2016
She can execute a will.
Gift deed would immediately transfer the property in your name.
In Maharashtra stamp fee on gift to near relative is free / negligible.
anuja d g
(Querist) 07 November 2016
Thank you sir
P. Venu
(Expert) 07 November 2016
How is that the property is ancestral?
Kumar Doab
(Expert) 08 November 2016
In your 1st post the property was 100 years old and in 2nd it is 200 years old.
The property shall devolve as per Hindu Succession Laws.
Your mother can gift her share.
Rajendra K Goyal
(Expert) 08 November 2016
author need to reply the concern raised by the expert Kumar Doab.
