Property dispute
1 week ago
My grand father sellf acquired house with land was given to my mother as gift registered in 2007.my mother has 2 children my sister and me.I have 2 kids.is this an ancestral property as 4th generation has come starting from my grandfather.do my children have right in that property.can my mother give this property to my sister as gift.do I /my children have a right/share in this above said property.as of now my sister don't have any kids
A.Dear Client,
The property inherited from mother cannot be considered as an ancestral property. Under Hindu Succession Act, only the property inherited for four or more generations through paternal ancestors can be termed as ancestral. The property received by your mother through a gift deed accounts to her self-acquired property. So, her children being the Class 1 heirs are legally entitled to inherit the share of her self-acquired property according to the law of inheritance. However, your mother can transfer the property to her children by way of gift deed during her lifetime. Further, she can also execute a will to distribute her self-acquired property in favor of her children, which comes into existence only after her death.If required, you can consult an advocate for advice and assistance.
Hope it helps.
Thank you.
The property inherited from mother cannot be considered as an ancestral property. Under Hindu Succession Act, only the property inherited for four or more generations through paternal ancestors can be termed as ancestral. The property received by your mother through a gift deed accounts to her self-acquired property. So, her children being the Class 1 heirs are legally entitled to inherit the share of her self-acquired property according to the law of inheritance. However, your mother can transfer the property to her children by way of gift deed during her lifetime. Further, she can also execute a will to distribute her self-acquired property in favor of her children, which comes into existence only after her death.If required, you can consult an advocate for advice and assistance.
Hope it helps.
Thank you.
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A.Dear Client,
A person who acquires a property through gift is considered his/her self-acquired property and the owner of the property has an unfettered right to dispose of the said property as per his/her choice. Nobody can claim a share in the said property as a matter of right. Your grandfather's property was gifted to your mother and is considered her self-acquired property and she can dispose it as per her choice to anybody including your sister. The grandchildren cannot claim a share in the said property since it cannot be classified as an ancestral property considering the mode of devolution of property right from the grandfather to your mother.
A person who acquires a property through gift is considered his/her self-acquired property and the owner of the property has an unfettered right to dispose of the said property as per his/her choice. Nobody can claim a share in the said property as a matter of right. Your grandfather's property was gifted to your mother and is considered her self-acquired property and she can dispose it as per her choice to anybody including your sister. The grandchildren cannot claim a share in the said property since it cannot be classified as an ancestral property considering the mode of devolution of property right from the grandfather to your mother.
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