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Pradeepkumar (Retired Bank Manager)     17 June 2014

Ancestral property

Can my father donate our family Ancestral property. Can I object or my son object at a later date. Is he in order in donating?



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 10 Replies

Dr J C Vashista (Lawyer)     17 June 2014

Yes, he can donate his share only.

basavaraj shiromani (Advocate)     17 June 2014

Dr. J.C. Vashistha is right.  Father can donate the property to the extent of his share, but prior to that we have to see that, which portion is fallen to the share of his property and any other members objects for the same, then, it is to be first decided first. Therefore objectionable property cannnot be donated 

Anirudh (Advocate)     17 June 2014

Dear Pradeepkumar,

There is a general misconception about 'Ancestral property'.

Before jumping to any conclusion that the property in question is 'ancestral property', you have to indicate the details about the property viz.,

(i) currently the property is in whose name?

(ii) how that person in (i) got the property - whether he acquired it himself or he received it from his father/grand father etc.

(iii) if he had received it from his father/grand father, in which year did he receive it?

After knowing the above particulars, if need be, some more information would be sought before giving answer to your query.

laxmi kant joshi (instructor)     17 June 2014

if the property is an ancestral one but if it was mutuated in the name of your father then your father is the sole owner of that property and get all rights over that property, he can donate that property .

K.K.Ganguly (Advocate)     17 June 2014

1. He can not deal with the entire ancestral property,

 

2. He can donate or do what ever legally he wants to do, only with his share of the said property.

Biswanath Roy (Advocate)     18 June 2014

Before determining the authority and power of donating an ancestral property the follwing points to be considered first namely,-

1. Whether or not the property was mutated only in the name of the father in revenue records.

2. Whether or not any judicial authority given exclusive authority and power to father to dispose the property at will.

3. Whether or not father is the sole beneficiary of any WILL OR CODICIL of the ancestor.

Considering the above  if it finds that the father had no legal authority to transfer the title of the property in that event other beneficiaries can legally challenge the gift deed in question.

T. Kalaiselvan, Advocate (Advocate)     20 June 2014

You may answer the queries raised by learned advocates Mr. Anirudh and respected Mr. Biswanath Roy sir if you want proper opinion to your actual problem.  In general, your father can dispose his share of property alone out of his share in the  ancestral property but for that a proper demarcation/mutation of records or partition should have been done to identify his particular share out of his  general share in the ancestral property.

Pradeepkumar (Retired Bank Manager)     21 June 2014

Thank you one and all for your kind replies. There is no documental evidence. The encumbrance certificate for the last 88 years do not show any such action. Parent document is ancestral property of the malayalam year 1101(1925) shows total 28 cents and a portion of 5.20 cents was sold long back. As per Encumbrance Certificate from 1/01/1925 to 15/10/2013 there is no other documents other than what the family partition or our father buying his brothers share.

Pradeepkumar (Retired Bank Manager)     21 June 2014

I had posted this."Thank you one and all for your kind replies. There is no documental evidence. The encumbrance certificate for the last 88 years do not show any such action. Parent document is ancestral property of the malayalam year 1101(1925) shows total 28 cents and a portion of 5.20 cents was sold long back. As per Encumbrance Certificate from 1/01/1925 to 15/10/2013 there is no other documents other than what the family partition or our father buying his brothers share".

Other than these two there is nothing else in the encumbrance till date to show any mutation. The document of 1101 is ancestral property bestowed on him, his mother and brother. Now all three have passed away. 
 
The glitch is there is some error since Village records are showing a bit of this land as puramboke but no proof on this. Now to verify and resolve this and whom to approach.
 
Please help.

Dr J C Vashista (Lawyer)     22 June 2014

Show the document to a local lawyer and seek his/her guidance, advise and proceed accordingly. However, stop this thread you have sufficiently been advised by the experts "free of cost".


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