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Venkat (NA)     13 December 2010

What makes a propery as an HUF or ancestral property?

Hi,

Family history:

The grandfather (GF) has two daughters. The GF' elder daughter, including her husband and her only daughter, stayed with the GF until her daugher finished studies and got job. After that the GF's elder daughter, on her own intentions, wanted to stay seperate from GF and the GF constructed a house, bearing all the construction costs, for her to stay. Since then the GF's elder daughter with her husband staying in that house. After the GF's elder daughter moved out, the GF's younger daughter, who was staying with her husband, moved in, along with her husband, to stay with GF. The GF's younger daughter's two sons were staying with the GF since their birth, even when the GF's elder daughter was with GF.


Property history:

Untill they seperated from GF, the elder daugher and her husband were doing labor on the property pool that GF has. The younger daughter and her husband, since their marriage, were doing labor on the property pool that GF has. Following is the descripttion of the property pool and how the GF has got it.

1) some part of the pool through partition of GF's father's property. This partition happened while the GF's daughters were kids.

2) some part of the pool was bought by GF using the money earned by him and his wife's combined labor. This purchase happened before both of the GF's daughters got married.

3) and again, some other part of the pool was bought by GF. This happened during very early years (say 5 to 7 years) after both of the GF's daughters got married. During this time, the GF and hi wife, the GF's daughter and her husband, the GF's younger daughter and her husband were working together on the property pool that the GF has.

All the property mentioned above is on the GF's name in records.


Questions:

Please advice me on these.

The GF made a registered gift settlement deed in favour of the two sons of his younger daughter for the entire property mentioned above.

1) Is the deed legal considering the history of the property pool?

2) Can the GF's elder daughter and/or her descendents challenge the gift deed? FYI, the GF's elder daughter has only one daughter who is having two male childs.

3) If they can challenge the deed, under what grounds it could be?

4) Is any part of the above said property will be considered as HUF or ancestral property by the law or court?

Note: The GF and his wife are still alive, if this information helps you in advicing me.

Thank you very much in advance for your help.



Learning

 1 Replies

Venkat (NA)     13 December 2010

And the said property is in Andhra Pradesh and all the property was acquired/bought by the GF before 1985.


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