Undisclosed (Lawyer) 23 June 2010

Christian Ancestral Property

I am seeking clarification on Christian Ancestral Property.

My understanding is that for Hindus, ancestral property is a property that is passed on to four generations through inheritance.

In that case, I would like to know what is the definition / hierarchy of ancestral property (immovable) for Indian Christians.

I further seek an expert advice on the following:

A Christian mother gifted her self acquired landed property through a registered gift deed to one of her sons called “X”. The mother died after a few years. I seek somebody’s expert advice on the following questions based on above scenario.

Will the property of X be classified as ancestral property as far as Indian Christian succession is concerned?

X died after executing a registered will (for the property that X got from his mother trhough the gift deed) in favour of his son called “Y” (by excluding X’s other children). Can other children of X legally claim for any share in the property, or Y is the sole successor?

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2 Replies

Sahai Kumar (Advocacy) 23 June 2010

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.

Undisclosed (Lawyer) 23 June 2010

Dear Sahai Kumar,

Thanks a lot for your advice.

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

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).