Need clarification on hindu ancestor property
2 years ago
My father purchased 4 acre agriculture land by selling his property 3 acres and registered on my elder brother name in the year 2007. Now brother is trying to cheat my father and me by saying it is his land. My mother passed away in 2019. I am taking care of my father who is aged 80. Now my father want to settle something for me and he is willing to register as settlement deed on the available 2 acres property. The available property is ancestor property partitioned between his brothers in 80's. Need a clarification whether the left over property 2 acre is considered as ancestor property or my father's self acquired property since he received from the partition. Is it possible to register the 2 acres on my name without my brother knowledge as per law? Which is best option Will or Settlement deed. Please provide your valuable suggestion by considering my brother should not be able challenge in future.
This property is an ancestral property since it wasn't bought by your father rather inherited by him during partition, so you have all the legal rights as much as your brother has. The best option will be a settlement deed as the property would be in your name with the legal rights vested by your father.
Thank You
Vaidehi Samant
Responded 2 years ago
A.Rather than settlement deed or Will ask your father to do a registered gift deed in respect of that property in your name. If that land is acquired vide partion of the ancestral land than such land/property becomes self acquired property of your father which he can transfer to any person of his choice. Thank you.