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Avi Kondamangal   11 June 2019

self acquired property

my father buy some property when we are minor (me and my brother) and then my father gave this properly to my brother by gift deed without my consent..
can i entitle for share of this property which are gifted to my brither by my father

 6 Replies

G.L.N. Prasad (Retired employee.)     12 June 2019

No.  A self-acquired property by a person can be transferred to anyone legally and that person that received property is the absolute owner of the property.

You have in this post stated that it is his self-acquired property.   In another post, you have stated that your father is also having ancestral property.  Much depends on dates of such transaction, your age now and on the occupation of your father to earn such property on his own at that age without support from ancestral property.  Contact local advocate inform facts and get guidance from him.

S.JEEVAGAN, Madurai. (Advocate, High court )     12 June 2019

No. Gift given by your father is valid. Since it is your father's self acquired property, your consent to the gift is immaterial.

Avi Kondamangal   14 June 2019

thank you all of you..
and specially om prakash ji
what r u saying ?
i am learning advocate and tried to sensify legal issue which are coming in front of me..
if you have think is this your wastage of time then im sorry

Avi Kondamangal   14 June 2019

its right as you say that i have mentioned here property is ancestral and in anather post self acquired..
because of that..
i have question
if fathers and sons live in joint family then when property became self acquired..

G.L.N. Prasad (Retired employee.)     14 June 2019

If it is a joint family, the person who claims such self-acquired property has the burden of proof to establish that without nucleus from the joint family, he had his own income through salary or some other source and property can be acquired through that salary or specialized skills but no part of ancestral property must be used for acquiring that property which he claims as self-acquired.

In the case of Doctors, advocates and other employees they have their own income through salary and most of them purchase properties and the housing loan installments may be deducted from salary etc.,  Because it is a joint family, there is no rule that coparcener should have no individual income through independent source and whatever property earned may not necessarily be joint family property.

SHARAD CHANDRA DANEJ (Asstt. Manager)     17 June 2019

The property acquired by your father from his father through partition is also a self acquired property.

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