ANCESTRAL PROPERTY - GIFTING ISSUE
3 years ago
Hello,
We are 5 siblings, 3 brothers and 2 sisters. Our father, who died in 1991, had 15 acres of land, which he inherited from our grandfather. Before our father's death, he gifted 10 acres of the 15 acres to his eldest son, our eldest brother, through a gift deed when our brother was still a 'minor'. The 7/12 and 8a transcripts of the remaining 5 acres are still in our father's name. Now all of us siblings are in our sixties and wish to pass on our individual shares to our children. But our brother says that we cannot claim inheritance for the 10 acres because it was gifted to him by our father and also the 7/12 and 8a transcripts of the 10 acres are only in his name. Is he legally right? Can a father freely give away from the ancestral property to one child while excluding his other children? Also, are there any specific provisions in the law for different religions, since we're 'christians?' And what should be our legal recourse henceforth?
You may approach local advocate with all your documents for exact and convincing legal advise on the basis of family history and documents.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
There is no distinction between an inherited, self-acquired property and ancestral property in case of Christians, thus, the legal heir has absolute right to the property. And hence, your father can gift the property.
Your father can gift a property, as, there is no distinction between an inherited, self-acquired property and ancestral property in case of Christians, thus, the legal heir has absolute right to the property (in this case, your father).
Ankur Goel @ Complete Law Shield
Responded 3 years ago
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