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?
A.Dear Sir,
You may approach local advocate with all your documents for exact and convincing legal advise on the basis of family history and documents.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
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.
A.Hi,
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).
Helpful
Helpful
Share
Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.no. your father not had any right on ancestral property to gift it.
Dear Sir,
It is a disputed issue which has to be decided again by the Civil Court and you must seek cancellation of such judgment since you are in possession of regular Sale Deed before judgment was p...
Dear Sir,
It is a complicated issue. Now a days you cannot believe even the family members. If you go legally it will take years together. If there is possibility take possession of some part of the h...
Dear Sir,
You have to get issue a legal notice to remove co-owners name as it was only for name sake as there was no contribution from him. If builder did not do that then you have to approach Civil C...
Dear Sir,
Approach Civil Court and get permanent injunction against him as he is unnecessarily interfering with your legal possession. If anything is encroached by you it has been perfected by way of...
Dear Sir,
My answers are as follows:
1. How do I recover this 50% money which is being transferred to my aunty? Aunty is not the legal heir. My brother and I are legal heirs.
Ans: Your aunty is a str...
You have selected a Lawyer whose location is different from your Location , if you wish to take phone consultation kindly pay and get the details of the Lawyers.
Type of Consultation
Fees
Phone Consultation
₹
Meeting Consultation
₹
Email Consultation
₹
Video Conference
₹
Request for quotation from the Lawyer.
You are a new user, please validate for security reasons
❶ Client Posts a Question by paying some amount
❷ All Paid Answers will be shown in N-Indicator (Open to Answer)
❸ You can reply and respond to the question
❹ Answer will be Approved by Admin based on content and on first come first serve basis.
❺ If answer is Approved then you will get your share. Status will be A-Indicator (Approved).
❻ If there are many Answers Posted then your Answer may get approved with a Lock. That means Client can view your response only if Client Unlocks by Paying Extra Amount. Status will be AL-Indicator ( Approved and Locked).
❼ If there are many Answers Posted you will Waitlisting tag. Waitlisting Answers may get Approved with a Lock or may not get Approved. It will be decision made by the Admin.
❽ Your share will depened on the number of Answers received and weightage given to your answer based on promtness and content.
➒ All amount will be accumulated and will be shared once in a month.
Your question is posted successfully. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601
Your question is posted successfully on the open forum. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601
ANCESTRAL PROPERTY - GIFTING ISSUE
Decree by court i r o Specific PERFORMANCE of contract agreement
