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Srinivas (Lead Engineer)     04 June 2012

Mother's anchestral property

Dear Respected Lawyers and members,

    My friends' mother recently filed a case in court for equal share of ancestral property, my friends' uncles have agreed in court to grant assets as per law.

    My friend's mother wants to gift this to only one son, due to affection and not to other 3 kids (totally 4 kids)

Can others 3 kids file case for equal share ? The other 3 kids are give their father's ancestral property.


Please let me know, my friend is not literate enough to come on net, I just want to help him, Please HELP.

Thanks in Advance


 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 June 2012

No. The children have no share in their mother's ancestral property during her lifetime. So if she chooses to gift it to anyone, nothing can be done about it.

Srinivas (Lead Engineer)     04 June 2012

Dear Adv Archana,

     Thanks for the reply, just to confirm, you mean to say that mother can gift her ancestral property to any one she wishes/desires and that other children can't claim it, please confrm....


Adv Archana Deshmukh (Practicing Advocate)     04 June 2012

Yes, because it is her absolute property.

Adv Archana Deshmukh (Practicing Advocate)     04 June 2012

Yes, because it is her absolute property.


Mother is at liberty to gift/will her share in the ancestral property to anyone she likes.

shyam lal sharma (Manager)     05 June 2012

Mr Srinivas according hindu succession (amendment) act 2005 Section 14 Property of a female Hindu to be her absolute Property.-

 (1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

property" includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of arrears of maintenance, or by gift from any person, whether a relative or note, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescripttion, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.

 (2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such proper

So, No one is having Right Sue against the will of a Women and She can do whatever she want...

raj kumar ji (LAW STUDENT )     05 June 2012

archna ji and shyam ji . both r correct

Srinivas (Lead Engineer)     06 June 2012

Dear Archanaji, Ashish & Shyamji, Thank you all.

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