Satish (Student) 13 July 2012

Ancestral property given as gift deed

We are having Ancestral Property of 12 acres

My Grandfather is having 6 children, 1 son (my father) and 5 daughters

In 2004, younger Daughter had executed a gift deed of 2 acres to her name from her Father(My Grand Father).

My Question is:

1. Since it is a Ancestral Property, Whether Gift Deed is applicable.

2. All the 6 childrens were major and consent was not taken from any of them.

3. Can we challenge this case in Court

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5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 13 July 2012

if it is an ancestral property of your grand father then he cannot execute the gift deed without the consent of the other co-parceners. Daughter has got property more than her share.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 July 2012

Hi Satish,

Understand that since the property was ancestral all of them had a subsisting interest of 1/7th of the entire property. Grandfather at max could have gifted her his 1/7th, coupled with her 1/7th she could own a total of 2/7th and not more than that. Any interest more than that can be challenged by the other coparcenors within 12 years of knoelwedge of such transfer.

hope this helps !

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Satish (Student) 13 July 2012

Thanks Rajeev and Bharat for you reply.

Since the Gift Deed was executed on 2004, I cannot challege it.

But, can we challenge for 1/7th share of my father in that 2 Acres of land.