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Abhishek Rathod (NA)     12 May 2012

Ancestral property inheritence

My biological father's younger brother adopted me when I was 12 year old. Currently I am 25 year old. My grandfather is no more and my grandmother is living. My grandfather divided his property among his sons by giving gift before death. So my ancestral property is currently in the name of my legal father and mother. I wish to know how can I obtain it right now i.e. before death of either of them.

Thanks for the knowledge!


 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 May 2012

If your grandfather have gifted it to your father then you have no share in it right now so as to obtain it now.

1 Like

Abhishek Rathod (NA)     12 May 2012

Oh! Bad luck.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 May 2012

By the gift the property becomes seperate property of your parents during their lives they can do whatever they desire with the property, however if they die leaving out no will. You get a share of property by inheritance being Class I legal heir. 

1 Like

C. P. CHUGH (Practicing Lawyer)     12 May 2012

First Whether the Properties which you Grand Father Gifted to his sons ws acquired by himself or was it inherited from his fore fathers.   If it was so, he has not right on such properties to gift any ody. All lenientdescendants have equal rights in such properties, else it is very bad luck on your part.

1 Like

Abhishek Rathod (NA)     13 May 2012

Ah! There is a point. I'll confirm. But I guess some part of the property was inherited by my grandfather and some earned. So, can I challenge gift by my grandfather to his son, that part of property which he inheirted but not earned? And then possibly get my share in that property even if my father is still alive?

Anjuru Chandra Sekhar (Advocate )     13 May 2012

If your parents sell off that property and use it during their subsistence, you will have nothing to do.  If they die intestate, you will get a share.  If they leave a will in favor of anybody other than you, then also you are eligible for a share, as it is not a self acquired property.

ajay tyagi (senior officer)     13 May 2012



My queri is regarding property,actually i have a agriculture land in ghaziabad(U.P) which is a ancesstor property given to me by my father 30 years ago,when he past away(with each and every legal documentation),since then i am the owner of dat property,i have 1 son and two daugters and my wish is to give the whole proprty to my son only through some will or any other way,can it be possible,actually my daughters are claiming for the property,since its a ancesstor property ,do they have any share in it ,can my daugters claim it or can they take some legal action against me in the court,please throw some light on the daughters share on the anceestor property.

ajay tyagi (senior officer)     14 May 2012

hi all,

kindly reply ,i m waiting fr your response.


Geetha Gupta (Director)     14 May 2012

Yes, since this is ancestral property, each of your daughters have a share equal to each of your sons.  If you are unwilling to give your daughters, they can take legal action against you.

you cannoy will away the entire property, only your coparcenary interest.

Anjuru Chandra Sekhar (Advocate )     15 May 2012

Daughters have rights on property inherited by father from his father, at par with the sons. 

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