Rajiv Saigal 18 September 2021

self acquired or inherited property

My Father in law has inherited a property. Can he Gift his property to his children or it has to be willed.
In any case. can he make unequal will or gift between his son and daughter during his lifetime

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Quick Summary

This discussion explores the legalities of gifting or willing inherited property to children. It clarifies that ancestral property, inherited from father, grandfather, or great-grandfather, grants birthright to sons and daughters (post-2005 amendment). Fathers cannot freely gift ancestral property to one child, with exceptions for distress or pious reasons. For Muslim and Christian personal laws, the concept of ancestral property differs, allowing for distribution as per their respective laws.

3 Replies

Shashi Dhara 18 September 2021

In herited means it may beancestral,if it is ancestral he can make will or gift for his share only.

Rajiv Saigal 18 September 2021

I have put a very simple situation for a lawyer. but I have not got any concrete reply
please read my query.
If my father in law has inherited,does he have to divide equally between his one son and one daughter or he has the right to divide between son and daughter as he wishes,whether it is Will or Gift

Ananya Gosain 14 October 2021

The property inherited from father, grandfather or great grandfather becomes ancestral property.

In an ancestral property, all the sons have a right by birth and therefore, the father cannot give the ancestral property to one son to the exclusion of others. After amendment of 2005 in the Hindu Succession Act, even daughters are coparceners and have a right in the ancestral property.

A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.
For Muslim and Christians, there is no concept of ancestral property. The property can be given to one son as per the limit permitted under personal law for Muslims

Hope this helps

Regards