Gift of ancestral property?

Paralegal

The questions are related to flats which are ancestral property. 

 

1) Flat #1 - The co-owners are Father and his 2 major sons S1 and S2. Both S1 & S2 have 1 minor son each. The father and S2 gifted this flat to S1.  Can minor son of S2 raise objection and ask for cancellation of this gift deed thru his mother? 

 

 

2) Flat #2- The flat is co-owned by A1, A2, A3, A4, A5 & A6.  Only A6 is alive now. All family members of A1 to A4 have given their share in this flat as either gift or sold to son of A5 ie., SA5.  

 

Now A6 and his 2 major son's S1A6 & S2A6 have gifted their share in this Flat #2 to SA5.

a) Is this legally allowed?

b) Can minor son of S2A6 raise objection and ask for cancellation of this gift deed thru his mother? 

 
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Lawyer at Supreme Court of India

Dear, Since the properties are ancestral they cannot be gifted without the consent of class 1 heirs .... Kapil Chandna adv 9899011450
 
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consultant

Which place - state property situated.
 
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Advocate

There is no legal bar in gifting one's undivided share but the gift cannot be made in favour of a person stranger to the family.

 
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Paralegal

Hello Mr. Kapil,

 

Thanks so much.... so does the 3rd generation legal heir i.e., great grandson of the person who originally acquired the property belong to Class 1 heir?

 

Father and his 2 major son's are alive. In the cases above :

 

1) Flat #1 - minor son of S2
 
 
 
2) Flat #2 - minor son of S2A6
 
 
 
Jaya

 

 

Originally posted by : Kapil Chandna
Dear,

Since the properties are ancestral they cannot be gifted without the consent of class 1 heirs ....

Kapil Chandna adv 9899011450
 
Reply   
 
Paralegal

Maharashtra

 

 

Originally posted by : Jai Karan Nagwan
Which place - state property situated.
 
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