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Arawind (i)     11 August 2017

Inheritance of Property

Two sons divide equal share of their fathers' property among themselves. Later, Younger son sells his share of Property to Elder son but due to mutual understanding, said transaction was shown as gift to Elder son. Elder son who becomes the sole owner demolishes the property and constructs a new house & expenses incurred on building the house is fully out of his own earnings. In future, Daughter-in-law of elder son who build the house files DVC & claims share in said house stating that it is inherited & shared household. Now, please clarify whether the house is inherited?


 28 Replies

G.L.N. Prasad (Retired employee.)     11 August 2017

A very complicated issue, if the opposite party states that it is blended with ancestral property, better to contact Advocate, showing such earnings of self acquired property through self earnings as stated in Income Tax and the part of property gifted may be treated as individual property of his own, while that part inherited may be open to claim for share.  But I still do not understand as to how wife can claim a share in that property as wife may be knowing more about such investment  sources etc.

selva perumal (Associate)     11 August 2017

Yes it is an inherited property. But the question is, Whether the daughter in law can seek sate in ye property? No. Becoz the property in question already partitioned between the brothers and become their individual property. Later, the younger brother already executed a release deed infavour of the elder brother. Therefore it is become an absolute property of the elder brother.

GANDHI MOHAN BHARATI (Pensioner)     11 August 2017

In my opinion, after partition also the property holds the character of that of ancestral property. That will be more so if it was shown as an HUF property.

An expert advocate opinion is needed.

Kumar Doab (FIN)     11 August 2017

Who purchased the property; deceased Father?

Father’s property does not indicate the property in the hands of deceased father was self acquired or ancestral!

The said gift deed by one brother to other brother was registered?


Is son of elder son (husband of daughter in law-DIL, that has filed DVC and claims share) alive?

It is believed that all involved are Hindu.


Kumar Doab (FIN)     11 August 2017


Obtain mutation records with all link docs from O/o authority under whose jurisdiction property falls e.g; MC and even mother document e.; Shajra-e-Aks to ascertain the property in the hands of deceased father was self acquired or ancestral.


Kumar Doab (FIN)     11 August 2017

Assuming that: it is simple case of inheritance ( Intestate Succession).

Upon date of death of father; succession sets in.

The ClassI legal heirs have 1st and equal right i.e.; Mother (if alive as on date of death), Wife (if alive as on date of death), sons and daughters…………….

If only 2 sons were surviving ClassI legal heirs (and others i.e.; Mother, wife, predeceased father and father had No daughter and NO other son) then both sons get equals share…………..

The property that devolves by inheritance is of nature self acquired.

Both sons might have deposited death certificate, legal heir certificate of deceased father to O/o authority under whose jurisdiction property falls and obtained updated mutation records showing ownership by inheritance.


Once updated mutation records is obtained the legal heirs attains rights equal to that of owner and act like owner to dispose the property, by a valid deed e.g; registered Gift deed. Once the gift is accepted by done gift is complete and it confers ownership immediately. The owner can dismantle/modify/reconstruct and even dispose property received by a valid/registered gift deed.  

Kumar Doab (FIN)     11 August 2017

The nature of property acquired by a valid and registered gift deed is; self acquired.


Another Perspective: If both brothers divided the property of deceased father, by metes and bounds (boundaries) by a valid/registered partition deed then property that is acquired by such partition is of nature self acquired.

If property is partitioned by a valid/registered partition deed then it loses its ancestral character.

Was the property partitioned by a valid/registered partition deed?

The gift of immovable property is without consideration.

Kumar Doab (FIN)     11 August 2017

Why are you raking up the issue that the transfer of property was by a gift (deed) but consideration was paid?


Wife is not Co-parcener in ancestral property.

Wife has NO forced share in self acquired property of husband, father in law.

Son has NO forced share in self acquired property of father.


You may carefully go thru the above posts and post your response.


It is usual practice to make such claims as by DIL.

The facts of the matter and merits alone shall decide the fate of matter.

P. Venu (Advocate)     11 August 2017

Was the Gift deed registered?

Kumar Doab (FIN)     11 August 2017

You may respond for further discussion.

Arawind (i)     12 August 2017

I am elaborating my query to understand better. Said property is self acquired property of deceased Father. Mother of sons' is also expired before gift deed. There is no partition deed & it was a understanding between sons, accordingly registered gift deed. Husband of DIL is alive & stay in the said house along with his parents.

Dr J C Vashista (Advocate)     12 August 2017

You have changed your stance and facts of the case, what is fact you are concealing.

How you are concerned with this hypothecated/fabricated/concocted story?

I do not want to waste my precious time and energy in forming an opinion based on presumptions as other experts.

Consult a local lawyer, there is some iota of truth in the question, otherwise seek guidance of your tutor.


P. Venu (Advocate)     12 August 2017

Yes, you are making stories. How there could be a gift deed if the property was partitioned? What was gifted? Was it the undivided share in the intestate property of the Late father? Or was it a relinquishment deed? 

GANDHI MOHAN BHARATI (Pensioner)     12 August 2017

I am sorry. I agee with the experts. You said it was ancestral property; now you say it was self earned.

The whole scenario changes. Bettr go to an advocate rather than confusing us

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