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ssssssssssssss (LE)     11 August 2013

Right for son in mother's ancestoral property


Is Son having rights in Mother's Ancestoral property? What should he do when the mother is willing to give her entire anscestoral property (which came through her own father) to her daughter? If the mother has written the property in her daughter's name through gift or will, can the son or his legal heirs claim rights in that property?


 8 Replies

manish singh (asst. eng)     11 August 2013

No, If the mother has willed or gifted all her property who her daughter the son does not have any right

adv.raghavan (Advocate,9444674980)     11 August 2013

it is not your mothers self earned property, it is anchestor property so she cannot gift to any one of legal heir, it has to shared among all legal heir, so the so ns have all the right to contest the gift deed or will.

Advocate Vishnu (Advocate)     11 August 2013


Can you pl provide me  with case laws / citations which substantiates your post. 

adv.raghavan (Advocate,9444674980)     12 August 2013

kindly refer to discussion on this same forum year ago between experts, i am enclosing copy of it, and i am joining those experts who says , yes ancestor property belongs to all legal heirs,which u may agree or differ.

Attached File : 953098481 gift deed 1.docx downloaded: 81 times

adv.raghavan (Advocate,9444674980)     12 August 2013


what is your stand,clarify ?

Advocate Vishnu (Advocate)     12 August 2013


I had asked you for case laws/precedents that substantiate your post. 

ravindranth   07 July 2016

What is difference between GIFT Deed in family and Settlement Deed in Family of 03 BRothers.



vijay (labour)     07 July 2016

Son can't claim or rights if property is gifted or WILL written and registered by mother ,to daughter. Only in case of self aquired property.

If it is ancestral property then she can't give to only Daughter or Only Son

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