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pavan_naik (cashier)     28 September 2012

Is this ancestral property

Respected Sir/Madam,

I am Pavan and now my parents and i cheated by sister..Please advise as this is legal issue and i am a middle class person working very hard.

Our family consists of my parents,me and my sister.Sister married in 98 from my fathers income.She is living happily in Bangalore with one son.

My father was a bank employee,he owns a house in Bidar purchased and built in his income from bank employment.My father also purchased another site in his income in my mothers name in 1992.

In 1996,my mother got money from selling agricultural land(ansestral property) belonging to her father(ansestral property) after family partition.She build a house in her site using the money from ansestral property.Both parents living happily,in 2003 my sister came and asked for partiotion.So my father gift her his house(self acquired) on condition that she cannot claim till my parents are alive and the property in my mothers name will be mine.It is not mentioned in gift deed,just mutual understanding.My parents live in my fathers house actually gifted to my sister.

But 3 days back my sister call my parents and tell them to vacate the house as property in her name.And she claiming partiotion in my mothers house claiming ancestral property.My parents agreed to vacate the house but said no to partiotion in mothers property as she already got her share.

Now my parents are worried.Can daughter claim in mother property as ansestral property as site is brought by my fathers personal income,but house built using ansestral money.

Please help my parents are too old and worried where they stay?


 3 Replies

Anirudh (Advocate)     28 September 2012

None of the properties mentioned by you (either the house property purchased by your father from his income, or the house built by your mother by using the money received by her from her parent's property).

NONE OF YOU, whether you or your sister have any right to ask or demand any share in the said properties, especially when your parents are alive.

It is only when either of your parents pass away (then the property standing in his or her name), that too if they do not leave any WILL, make any gift or so, then the said property will go by way of inheritance amongst the class-I heirs (i.e. your mother, you and your sister) or alternatively (your father, you and your sister).

You are not very clear, whether any GIFT DEED was executed by your father in favour of your sister.  If so, whether there is any condition stated therein.  Since you say that your sister is asking them to vacate the property since the same is in her name, one has to presume that probably your father had GIFTED the said property to your sister.

In case there are any conditions in the GIFT DEED, and if those conditions are being breached by your sister, then your father can get the GIFT DEED cancelled by approaching the Court.

All these things will get clear only when a lawyer could go through the relevant documents.  Therefore, please consult a local lawyer well versed in property matters, show the documents and then take appropriate steps.






1 Like

Sailesh Sarmah (Advocate)     28 September 2012

I agree with Mr Anirudh's views

pavan_naik (cashier)     28 September 2012

Dear Anirudh'sir.

Thank you for answering my question.I am not claiming anything now or till my parents are alive.They educate me,i only want them to be safe.

Yes my father has gifted his house through gift deed,now he is prepared to vacate house and give her though he is hurt.

But when she claim my mothers house as ansestral property and her lawyer says she has 1/4th right since ancestral money used to build house like joint venture builing apartment,then where they will stay.My mother site is only 15 by 40,my sister cheating everyone.The site is in main road and only residence house in main road,busy road.Rest all shops,so property value is high.She wants partiotion and sell it to some local businessman.It is my brother in law forcing her and she simply listen.

Thank you for the help

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