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shiv mohan gulati (member)     12 August 2011

Criteria to determine the ancestral property

Whether a property purchased by A's father, after selling the share received by him in family settlement with his brothers' in his father's property, can be termed as `ancestral property. If yes, whether A's wife after A's death can alienate the said property by way of gift to some religious institution. If no, what should be the remedy to challege the said donation of the property to the religious institution.


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 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 August 2011

A's wife can surely alienate the property alone, provided there are no other legal heirs along with her eg. A's brother, sister, mother, son, daughter etc

shiv mohan gulati (member)     12 August 2011

said A was having one son and two daughters at the time of his death besides his widow.  Can the widow donate the said property, which A had purchased after selling the property received by him in family settlement after the death of A's father.

R.M.Bhaduri (Lawyer)     12 August 2011

Advocate Archana has already replied, the extra I would like to add is that  there is no way for the widow to donate the whole property, she can donate only to the extent of her due share and nothing more.

J.PRAVEEN KUMAR (Advocate Madras High Court)     14 August 2011

Mr.Shiv Mohan,

The said property is self acquired property of A, it is not an ancestral property..

Secondly, A's widow has only 1/4th share over the property. Therefore, she can transfer only her 1/4th share to the Religious Inst.

J.PRAVEEN KUMAR (Advocate Madras High Court)     14 August 2011

MSr.Shiv Mohan,

kindly post  a clear query with full details next time..Ur first query didnt say anything about the heirs of A, for which Adv Archana has answered well..

sriram kartik (Advocate)     14 August 2011

if the property is not ancestral property the widow  wife canot allinate the property she can claim only 1/4th share only, but if the A has self acquired the property the grand children of A has right over the property, but widow cannot allinate or cannot contribute to insitutton

J.PRAVEEN KUMAR (Advocate Madras High Court)     14 August 2011

I agree with Mr.Sriram. if the she has Grandchildren. Even , in that case, if she has obtained a Consent affidavit from the grandchildren , she can transfer her 1/4th share  of proeprty to the Religious Inst.

J.PRAVEEN KUMAR (Advocate Madras High Court)     14 August 2011

I agree with Mr.Sriram. if  she has Grandchildren. Even , in that case, if she has obtained a Consent affidavit from the grandchildren , she can transfer her 1/4th share  of property to the Religious Inst.


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