Ancestoral property gifted
2 years ago
My grandfather has four sons including my father. From my fathers share of ancestoral property, my grandfather gifted some area to my sister, who has cancer and has few years to live. What happens to gifted property after my sister?will it be transferred to my father??
A.Dear Client,
A father (current owner of the ancestral property) and his son have equal ownership rights over the property. The distribution of property should happen in such a way that each share gets further divided into successive generations. If an ancestral property is willed, to your sister it will become self-acquired property. If the ancestral property is divided into the owners of the property as per the share. Then the property will lose the title of ancestral property.
Thank you!
A father (current owner of the ancestral property) and his son have equal ownership rights over the property. The distribution of property should happen in such a way that each share gets further divided into successive generations. If an ancestral property is willed, to your sister it will become self-acquired property. If the ancestral property is divided into the owners of the property as per the share. Then the property will lose the title of ancestral property.
Thank you!
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to know whether Partition has been done in registered manner or not . Until and unless partition is done in registered manner,your father's area cannot be allocated and after such partition,the property will never be considered as Ancestral. Please take note that if your grandfather by virtue of registered Deed of Gift transferred the property in favour of your ailing sister,then after her death that property will devolve upon her surviving legal heirs and heiresses as per the Hindu Law of Succession. As you have not specified whether your sister is married or not and until and unless the aforesaid points be known and that Gift Deed be scrutinized to find out its legal perspective, proper legal opinion cannot be given.
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