Christian Ancestral Property

Dear Sir,

I would like to answer the latter part of your question and the scenario.

As u say 'Property of mother is self acquired' then the question of ancestral in nature is ruled out.

Secondly when mother gifted the property to X then in that case, mother has bequeathed her complete rights in favour of her son x and the property devolves to her son x and x becomes the absolute owner of the property.

The question of mother executing a will after executing a gift will have no legal binding since she is no more a lawful owner.

Dear Sahai Kumar,

Thanks a lot for your advice.

However, I would be pleased if you would give further advice on the following:

1. As X becomes the absolute owner of the property i.e. the property gifted by his mother, can he bequeath it to his son Y through a registered will? In fact, X has got 4 daughters and 1 son (Y).

2. X bequeathed the property (gifted by X’s mother) to his son Y through a registered will.

X died on 2008 at the age of 75 and the will was executed and registered in the Sub Registrar’s office almost 15 years before his death.

3.      Is Y the absolute owner of the property now?

4.      Can X’s daughters challenge the validity of the will and/or claim for their share based on the assumption that it is ancestral property?

Regards,

Kayje