sharp 14 October 2016
Sir, My father owns an ancestral property which was from his father.. My father has two sons. I am the younger. My father gifted my brother 80% of the property. My father passed away 6 months ago. My mother is still alive. My mother is saying that, the will was written on her name for the left over property and nobody has the right to ask. How much percentage of the property can i claim. Can i claim for the property which was gifted for my borther. Please assist me
Ms.Usha Kapoor (CEO) 14 October 2016
Your late father gifted 80% of his share in his ancestrla property to your older brother. It is legally valid. If your brother agrees to give you some share out of it you take that share by registered gift deed. It is his absolute property. Now your late father Willed away tne balance 20% share to her, your mother.Now it has become her absolute property and she has become absolute owner of that 20%property.She may or may not give it to you. she can deal with it in whatever manner she likes she being the absolute owner of that 20% property.If you appreciate this answer please click the thank you button on this forum.
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 14 October 2016
1. "IF" the property is classified as "ancestral property", THEN such property CANNOT be "Gifted /Sold /Willed /whatever", without proper apportioning such ancestral property with "ALL" the legal heirs.
Keep Smiling .... Hemant Agarwal
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Kumar Doab (FIN) 14 October 2016
The property that devolved from your grandfather to your father ( say by inheritance) may not be neccessarily ancestral.
Obtain all mutation record with link docs and show these to a very able counsel specalizing in revenue/property/civil matters and confirm nature of property.
If it is say; ancestral; then refer to the advise of expert Mr. Hemant Agarwal.
If it is say; self acquired then your father has already gifted 80% ( if gift deed is valid) and rest 20% by WILL ( if WILL is valid).
If both are valid, then your father has disposed entire property, in his life time, and your share is NIL.
Check if any other estate is left say; bank FDR, insurance etc
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