Brother gifting ancestoral property to his wife
11 months ago
My brother asked me to transfer a joint property to take home loan. After home construction he promised to handover to two of younger brothers. My younger passed away and now my elder brother taking this as an advantage cheating me by gifting the property in his wife's name to disinherit me from the property. Now since the property is in their name how can I proceed with law to get my inherited property.
A.Dear Client,
In case of ancestral property, one legal heir cannot transfer the share of other heirs without their consent. Even the ancestral property is developed jointly on the consent all the heirs, right and lien over the shared inherited property remain as it is and in case death of the heir, the share of the deceased passes to his legal heirs and cannot be transferred without the consent of surviving legal heirs of the deceased.
So reach out to an Advocate for taking appropriate steps against the illegal action of your elder brother ASAP
In case of ancestral property, one legal heir cannot transfer the share of other heirs without their consent. Even the ancestral property is developed jointly on the consent all the heirs, right and lien over the shared inherited property remain as it is and in case death of the heir, the share of the deceased passes to his legal heirs and cannot be transferred without the consent of surviving legal heirs of the deceased.
So reach out to an Advocate for taking appropriate steps against the illegal action of your elder brother ASAP
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A.Hello,
As per the information you have mentioned , hereinbelow i have mentioned a general rule for this which states that --- While property owners are free to gift their property to anyone they like, the same is not true for ancestral property. In the case of an undivided ancestral property, the ownership is shared and the coparceners are not free to gift their share. Even after division, the inheritance does not become a person’s self-acquired property and three generations after the inherited property owner get a claim in his share under the Hindu law.
For better clarity reach out to an advocate.
As per the information you have mentioned , hereinbelow i have mentioned a general rule for this which states that --- While property owners are free to gift their property to anyone they like, the same is not true for ancestral property. In the case of an undivided ancestral property, the ownership is shared and the coparceners are not free to gift their share. Even after division, the inheritance does not become a person’s self-acquired property and three generations after the inherited property owner get a claim in his share under the Hindu law.
For better clarity reach out to an advocate.
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