Self-Acquired and Ancestral Property
August 30, 2011 503 Comments
After a person dies, there are often pretty big rifts in the family.Hidden stresses come out in the open and contesting claims to the deceased person’s property is fairly common.The problems are compounded by the fact that the law defines self acquired and ancestral property differently from common parlance.
According to the law for Hindus,self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property or acquired as a legal heir or by any Testamentary document such as ‘Will’ etc.
On the other hand,ancestral or Hindu coparcenary property refers to any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter. In short , firstly,this property should be four generation old, secondly it should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcenar gets after the division becomes his or her self acquired property. The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.
And to add a further twist,self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
About Keerthika Singaravel
wealthymatters 
Hi Ms. Keerthika. In my case, the land belongs to our ancestors. (My great grandfather). He had 2 sons. In which, one is my grandfather (younger one). My granduncle (grandfather’s brother) has 1 son & 1 daughter. (My uncle & aunt).
Now both grandfather & granduncle had passed away many years ago. Now my uncle (granduncle’s son) had sold his part of the land to some 3rd party/ persons, without notifying us.
Is it legal to do so? Is there anything can be done to get back the land? Pls suggest.
You use the words ”his part”.In case you are considering any legal options,the first thing you will have to prove is that no de-facto partition agreement exists among the heirs.
i am in the process of selling my self acquired house.The buyers say that i have to obtain signature of my daughter and son on the sale deed.Is it right on the part of buyer to insist on my children’s signature who are presently in abroad.?
As a precaution, buyers will often insist on this to protect themselves and their purchase. Perhaps of your spouse too.
hello Keerthika, I am from Uttar Pradesh, some agricultural land which came to my Nana’s (Mother’s father) name prior to independence by some govt. regulation. My Nana (Mother’s father) expired in 1960. at that time my mother was minor, she has one sister but no brother. The name of my mother and her sister muted in land records as successors. both sister got married in 1970s. My mother expired in 1986 and father expired in 1987. My mother’s sister is alive yet. after this My mother’s uncle ( real brother of my Nana (Mother’s father)) in 1989 has filed a suit to concerned Tahsildar u/s 34/35 of UP Land revenue act, & claimed that the name of my mother & her sister was wrongly muted in 1960 & now he is a legal successor. He got muted his name in records 1n 1990 deleting the name of my mother & her sister. We all brother & sisters were minor at that time, but a suit was filed in 1993, which was rejected exparte(Adam Pairavi Kharij). Please suggest what steps we should take now. it is also remarkable that consolidation in undergoing in the said area.
Why was your suite rejected?
We are 3 sisters and 1 brother i’m being of of the sisters – my grand father self earned large chunk of land after retiring from military – army of India (now in Pakistan) provided him the land upon his retirement prior to partition 1947. Post partition (1947) equal amount of property transfered to my grand father in india. My grand father had 2 sons and 2 daughters after he past away – property was equally divided between 2 brothers and their sister transferred their share in both brothers name in person at registrar’s office. Now my father transferred same property in brother’s name and other 2 sisters has no objection but i need my share – is it this considers as ancestral property? please advices
Unfortunately no.
Hello Keertika,
When he was alive my father registered part of the agriculture land to my brother and I. My father inherited the land from my grandfather. My father is passed away. My sister is demanding that she should get part of that land.
Does my sister has any rights to the property that is registered to my brother and I?
FYI… I am from Andhra Pradesh.
No.
Greetings,
I am an 19 year old daughter of an alcoholic and a cancer patient and due to his chemotherapy he is currently suffering from mental disorder he has lost already half of his property in glambing nd drinking.May I know am i eligible with my mother consent to stop him frpm selling the remaing property or to sell it myself.
PS- it is ansectral property,
If the property is ancestral, how did your dad manage to sell it without the concurrence of his relatives? Or does he have none?
Hi Keerthika,
can a woman claim share in her father’s house after 32 years of her marriage even though if her brother has occupied the house and has been staying in the house for last 32 years.The registry of house is still on her father name.
regards,
sukh
Sukh, how did this house come into her father’s possession and how did it go into the brother’s possession?
My widow mother( relation BUA) has adopted me from his real brother under registered adoption deed in 1981. My real father who given me to his sister has got ancestral property. my query is that do i have right in property of my nana ji and baba ji. Kindly guide me in this matter.
Amar, first you got to check that ancestral property is really ancestral property as defined in the post. If so, your biological father and adopted mother have equal right to the property, and you will get your share via your adopted mother as per the school of Hindu law that governs your community.
HI Keethika
I have bought a Plot 4 years back through Sale deed from a person Named “K”, Mr K is a GPA holder from Mrs “X”.
Mrs “X” is wife of Mr “Y”, who expired without leaving behind any WILL and Mrs X and Mr Y have a Son Master “Z” who is a minor
In the legal heir certificate it is mentioned as Mrs “X” and Master “Z” are legal heirs.
When I approached Bank for loan, I was told that the Document need to be rectified once Master “Z” is not a Major, Now the Master “Z” is 18+ years, please suggest way forward.
Are the heirs and the GPA holder on the same page?
My father died in 1997 in an accident leaving a house intestate. He also owned a cooperative housing society having 4-5 plots. Can I being daughter get share along with my brothers.please discuss in the light of recent supreme court decision on HSA act 2005
Minakshi,your gender has no bearing on the matter and you will be treated on par with your brothers.
But my mother wants to deprive me of my share saying that recently supreme court has ordered that daughter has no share in father’s property whose father died before2005.It is remarkable that supreme court has recently given a judgement that HSA act 2005 is not retrospective and daughter whose father died before2005 has no share in father’s property.further more she has hid the registry of house and made my brother president of housing society in which my father had 4-5 plots .How can I initiate litigation without any documents.Please guide me mam.
Meenaksh first of all, the properties you mention seem to be self earned by your father going by what you have written so far. So no idea why your mother should be citing a case related to ancestral properties. Here are the details of the case she is probably referring to. http://www.mondaq.com/india/x/441252/wills+intestacy+estate+planning/SUPREME+COURT+CLEARS+THE+AIR+ON+DAUGHTERS+RIGHT+IN Just go and find a local lawyer dealing with property matters and ask him to trace all properties in the name of your father and brother. Then just make an RTI application to see how these properties were transferred to your brother’s name. That way you will know what exactly was done. My guess is that a forged will, gift deed or incorrect succession certificate etc. might have been supplied. Or your father might have made your brother co-owner or nominee in the society flats.Once you know the details, you can decide how best to challenge the transfer.
Sir/Madam
I have a residential property 2 floors passed down to me by my father after his demise (will). I’m an NRI residing out of India.
After years of disagreement my WIFE deserted me and took my 2 children and forced her way into my property by breaking the locks and doors.
All this was 3 years back and about 1 year back I won the case filled by HER against me asking the court of a Permanent Stay Order on My property. But she filled an appeal and it is still pending an outcome.
My question here is that does she have any legal rights to forcefully live there?
She’s barred me from entering the premises and refuses to vacate.
Her demand is that I sign over 1 floor of the property and reimburse her with a lump sum too.
Can I sell the property as a last option ?
Best you don’t do something so stupid and get yourself into thick soup. Let the court deal with the matter.
What’s SO stupid in selling my own property?
I mean don’t I have any rights?
My question was that as I have already had the court ruling in my favour , can I sell while she has filled an appeal ?
Only a stupid person lays himself open to charges of alienating his wife’s rights. Wait for the court to finally decide, if you want my advice or do as you see fit.Don ‘t ask me.
Meaning to say that in a place like India , no matter what the Wife is given all the rights to cry out foul and have it done her way.
The actions of a Husband (no matter what the case is) are always accepted to be in the negative just because he’s a MAN and of course is wrong.
Strange how in Indian Society & Law just because the Woman rolls out a few tears and the Man is automatically generated as the Evil one. I’m sure that there are a lot of cases where it is true. However each case should be considered on its own merit and NOT judged beforehand.
I posted a question on your forum to get an advise and not sarcasm.
What rights of my wife am I denying by selling my property ? I have not filled any kind of case against her. On the contrary she has filled cases upon cases on me.
Dear Keerthika Ji , keep an open and unbiased approach to all. Maybe in certain cases the Man is the victim and just looking for some advice.
However all being said and done. Thanks for the same and Good day.
Your input was appreciated
Look Rajiv, don’t attribute motives to me. To sell at this stage will get you into shit. Wait for the courts to go into the matter and decide. Period. As a court has already given a favourable order why are you getting so worked up? And if you don’t like my advice your welcome to take your problem somewhere else. I’m not begging to listen to your abuse.
Dear Keerthika, We have 2 brothers and 2 sisters, but after death of my father Brother has manipulating and transfer all agriculture land on only his name by taking the sign of only my mother , and he is utilizing the land from last 25 year , without the consent of all others brother sister how can this property being transferred , There is remark on the 7/12 that property has been transferred based on Tahsildar’s order but there is no any order seems i record . Shall we lodge the suit for separation of the property pl advise
How did your dad originally come by this land?
My father’s grand mother donated some lands to my father now my father wants to sell that land my uncle object to sell it please tell me what’s the rules? My uncle’s share should be or not ?
What exactly do you mean when you say “donate”?
My Grand father had acquired properties on his own. He died intestate (Without a will) and my father who was the only son (No daughters) inherited all the properties.
He also died intestate in 1992 and he had 2 sons & 1 daughter. No partition deed has been executed till date.
Please kindly clarify on the following:
1. Are the properties considered as Self acquired properties of my father?
2. Do I have an equal share as my brothers?
Regards and Thanks.
Yes to both questions Lakshmi.
Sir my grandmother had willed me her property in 1976 ! She died in 1983! It is a registered will! In May 2015 my mother died ! My married sister was living in the above house ! Nw in August 2015 she has filed a civil suite challenging the will!! What shud be done
Anil what are he grounds she cites?
I have a question. My father lives abroad and holds its citizenship. My grandfather died and now all the property ancestral and owned is reclaimed by my father. He married another women and lives abroad with her. Whereas I live with my mother in Nepal. Will I be able to claim my share in the ancestry property? He has been living there and hasnt supported us fully from the day we were born. I am a legal son of him and my mother and father were married traditionally as well as were recorded in the court. Is there a possibility If I ask for my share even though he is still alive?
I’m sorry I can’t help you. I’m unfamiliar with the law in Nepal.
Hi Sir,Madam,
I bought a property recently,which was a hindu family’s ancestors property, this land was partitioned and registered on 1971 , there 85 members sighed this agreement, but around 35 members are signed through power of attorney, My question , how we can verify they all are genuine POA, and if any one will claim later what will be my right?
See if the seller had invited objections in the newspaper before selling to you. Or else find the POA holders and verify what documents they have and/or check with sellers. Or just put out a newspaper notice and protect yourself. BTW if everything was honestly done in 1971,you don’t have to worry now.
Can you guide me in the matter delineated below:
My grand mother acquired a dwelling house owned by her husband (my grand father) through “Will” after death of her husband. My grand mother in her life time in consequence of family settlement gave 1/2 share of the property already in possession of her elder Son (my father) and 1/2 share of the property already in possession of her younger Son (my Uncle) through consented decree by the Court. My father in his life time sold his dwelling house( so acquired from his mother). We are three brothers, all living separately. I am elder one. Brother next to me had married to a already divorced women (not arranged by family) and he was living separately.They are in dispute with each other. divorced petition filed by my brother stands dismissed. Dispute for maintenance raised by his wife (daughter in law of my father) is going on. She had requested the court to attach the property of her father-in-law (my father) in domestic violence case, but the court had ordered that if her husband (my brother) own any property in his name, she has right to reside or in alternative he will give Rs. 1500/- per month for accommodation on rent. Mean while my father sold hos property acquired as above. But she (my brother’s wife – daughter-in-law of my father) filed civil suit in the court challenging the sale of the house by my father claiming her share and stating that maintenance amount is due to her husband (my brother) during life time of my father. He made party to my father, purchaser of the house and her husband (my brother). The suit is going on. Earlier it was being defended by my father and the purchaser. However, my brother is not defending the case. He some time give her maintenance and some time note. Due to this he was put in jail also. But so far the litigation against the sale of house by my father is concerned, he is in connivance with her. Meanwhile, in April 2014 my father has expired. Now the suit is at the argument stage and we two brothers (now) and one her husband already made party (exparte) and my mother and my two sister have been made party to the suit, which she had filed in the life time of my father. She is claiming it as ancestral property, which has been acquired as above my father from mother during her life time in family settlement and through consented decree in the court. I understand that property being divided in family settlement and consented decree during life time of my grand mother is self acquired property of my father and he sold it during his life time. He was competent to sale the same. He spent the proceeds in liquidating the debts and for his treatment, etc. We two brothers living separately have no objection.
In view of the above please guide us regarding the arguments to be advanced by our Advocate on our behalf.
Did your sister-in-law ever live in the house for any length of time for it to be considered her matrimonial home?
Did you brothers and father have business dealings, investments or shared family finances?
Else you can clearly demonstrate that the property was self-earned by your father.
Owner of a property (acquired it from his mother where this was part of Joint family property) hence treated as Self Acquired executes a Sale deed for the property in the name of a 3rd party as well as executes a gift deed in the name of the son. Who will be the rightful owner of the property? 3rd Party or the Son?
Which action took place first?
A person cannot transfer a right he does not have.
Agreement to sell executed first.
Then you’re safe.
my father has given me his self acquired property by WILL. When I make a WILL, this property is to be treated as self acquired property by me , right?
Yes
I and my 3 brothers have inherited ancestral property (property created by our great grand father) and another property created by my late. father only, at two different cities in the same State.
Can I get the partition of the property created by my late father only without effecting Partial Partition clause in a partition suit.
No
HI,
My grand father’s grand father has got some agriculture land on his name from 1927 as an ancestral property. After 1970 this land was transferred on my grand father’s name (no will written for this but as an ancestral property, my grand father’s name was entered in 1-B Adungal village agricultural books ). My grand father has two sons and my father is younger one. In 2000, both sons divided and my grand father stayed separately with his wife. In 2007, without my father’s notice my grand father has made a will of this ancestral agriculture land in favor of his elder son and he died in 2010. Can my father fight for this land?
Please suggest.
How exactly did your father and his brother divide the land in 2000? Was your grandfather then involved?
My husband’s grandfather had left a will leaving his home and land to be equally divided amongst his 5 sons. My husband’s father apparently gave away his share to one of his brothers without letting know anyone in his family. No one knows what conspired and on what grounds he gave away his right on that land. Can my husband still have a right on that land. We have the copy of the original will as well.
A reply and a guidance from you will be highly appreciated.
Regards
Nothing much your husband can do. His father was very much within his right to give this land to his brother. And as you don’t know the details, you can’t prove fraud, coercion etc.
Hi Keerthika,
First of all thanks for your proactive response on all questions raised by viewers. You are doing great job.
I am looking for help on two queries here.
1. My brother wants to buy property from X person which is not a ancestral property. The property is on X person name. When X person sell the property to my brother, Is X person Son and Daughter also needs to sign on registration documents?
2. If the property is on X person Son and Daughter who are major, Is X person, Son and Daughter required to sign on registration documents while selling?
Regards,
Sekhar.
Generally I like relatives to sign as witnesses, to forestall problems in future.
My father got a house from deceased grandfather after a legal suite was ended with compromise suite among his siblings. My father still alive. If I claim a stake in property now, will it be shared as 3 parts among my father, my brother and me or 2 parts my bro and me. Pls help.
You don’t have any rights to your fathers self earned property in his lifetime.
Can I claim after his death?
So I have half the share in the house / property after his death? Is it possible that I stop them from doing further expenditure on the house like repair? Can he write a will to his son without giving a share for me?
You have no rights to your father’s self earned property in his lifetime and none in it after his death should he will the property away or otherwise dispose it off in his lifetime.
Dear sir,
As we are 3 brothers but my mother has made me a gift deed the house in which we are staying which has been registered can anybody in future has rights to claim
How did your mother originally come by this house?
Hi,
My family is living in a property from 19 years. When my grandmother expired in 2011 she made the will in the name of my uncle who is living outside the city. Now My Aunty wants to sell the property. Could we stay in the property and file the case if something wrong goes with us?
How did your grandmother come by this property originally?
kanchan:-
three brothers sell his ancestral property . those are made sale Deed and this sale deed given confirmation to his one married sister. sister given the confirmation when his right of his fathers property is completely relinquished or not. only consent to that Sale Deed.
Sorry didn’t get the question here Kanchan.
Hello Keethana, Nice to read your replies on people queries. Here I am having my query regarding my ancestral property. My grand father has got a share of property from grand grand father property. This property is registered with my grand mother and my father’s name after my grand father’s death. My father is the only son to my grand father. We are 2 children to my father. My married sister and me. My query is, will that be a chance whether the property needs to be shared for my sister as per law or can the desire upto my grand mother and my father?
Please clear my doubt in brief.
Sorry for mis-spelled of your name. It meant ‘Keerthika’
This is self earned property, so analyze accordingly.
I have a property which was passed down to me & my sister after the death of my father. It has been transferred in my & my sister’s names.
After a marital conflict , my wife took my children (boy,girl) and started living in this property. Since then she has filed numerous cases against me and tried to unsuccessfully also put a “permanent stay order”.
Due to the immense problems being created by all this, my sister & I have decided to sell the property.
My question is that will there be any legal consequences to my selling the property AND also can I sell ?
I have already won “A” case filed aginst me but the verdict has been appealed.
Note: neither me nor my sister reside in the property. Only my estranged wife with the children has forced herself in there without our consent and by breaking open the locks and doors.
Thanks in advance.
As I said before, wait for the appeal to reach its conclusion. Not only will you have problems disposing off a property when you can’t ensure vacant possession, but in the process you will open up multiple avenues for further legal action against you.
Dear Sir/ Madam,
I request legal opinion on this matter ….
My father had inherited ancestral property from his aunt [fathers sister] in 2000 through a registered will in favour of my brother[ married and in USA] and himself .
The aunt had inherited the entire property from her father as a child widow and the property was never shared among her siblings and came directly to my father and brother.
I was married in 2001 and it was an arranged marriage. Without my knowledge,[as I was abroad for 2yrs with my husband,] my father and brother gave the land away for development . and sold all the apartments given as the share. I came to know of this recently.Can I file a civil suit for my rights as a daughter? It has been close to 14yrs of sale. I am from Andhra Pradesh and a Hindu and have a son.
Thanking you… Shobha Shiv
I’m sorry. You have no legal claims to the property in question.
Could you please help me?
i want to buy a land , which has sellers, (there are 8 members), grand mothers property, and she was passed away, how i know if there are more people are involved or not? if i buy this property and in future some one claim , what is the legal protection? or how can i confirm in future no body will claim for their right?
Thanks, shanil
Shanil ask these people to produce a succession certificate.
Hi Keerthika, thanks
You’re welcome.
My father had an ancestral property in Mangalore. The property was in our great great fore fathers name till the early 1990’s. My Father had two brothers, one elder (Bachelor) and one small (married and has a family). When it was realised that the property was in our very old ancetors name my father’s elder brother took the initiative to bring the property in the name of the small brother by finding the family tree and obtaining the power of attorney from all wh were legally entitled to a share. My father was also approached and was promised that for the timebeing give the power of attorney as it was important to bing the property in the name of one among us and my father can claim his share later on when the need arise.
As my father was working in kuwait he gave his POA thinking that he can claim his share later on and not make any issue right now. The property was made in the small brothers name. in the early 2000 my father suffered a stroke and had to leave his job and come to India. We stay in Mumbai but my father visited Mangalore frequently (three months in Mangalore Three months in Mumbai) and stayed there for sometime. During his stay in Mangalore, looking at his brothers behaviour my father realised that he had been falsely influenced to give POA and hence my father decided to build his own house in our ancestral property. But unfortunately my father passed away in 2004 and his wish to build a house remained unfulfilled. The fact was known to everyone that my father wanted to build the house hence oflate i approached both my uncles (fathers brother) asking for my fathers share to build his dream house. The elder brother totally agreed to it but the small brother is making excuse to avoid giving my fathers share.
Please advice can i legally claim a right on my fathers share in the property. what is the course of action i should take to claim my fathers share from his small brother.
Rishad everything depends on the wordings of this POA.
thank you so much in advance for any help u may provide 🙂 🙂 🙂
my dad had brought some property and registered it in his mom’s name.she s dead now.my uncles are claiming right over that property this that possible to do so?what we have to do now???
You have to hunt up evidence that your dad paid for the purchase and that it was not an unconditional gift given to your grandmother.
can u plz explain what s unconditional gift.how to show that it s not an unconditional gift.thank u for any help u may able to provide
To show that something was not an unconditional gift, you’d have to show proof that the act was done with conditions.
This property belongs to my grand grand father in 1921 which was transferred to my grand father on lease paper. After my grand father and grand mother death leaving four children
1.two sons
2.two daughter
In 1994 both sons build their separate property equally divided with i.e 1/2 of total share with mutual understanding and in presence of other 2 daughter and start paying separately property tax.
Now my cousin from elder son filed a case in high Court for share and permanent injunction. Now my question is that is this property is divided or undivided or is she has any right to drag me and my parents in the court because land is divided in 1996 and build separately and having different property tax.
She is calling this property undivided on affidavit.
Every reply is appreciated and thanx in advance.
Please reply fast my hearing date is two days after.
The case is all about proving whether division took place or not. Its all about the evidence on paper and the arguments put forth.
I learn that my wife’s maternal grandfather had partitioned his agricultural property to only to two of his grandsons, while my wife has been left out alongwith her four brothers and a sister. The partitioning has been carried out nearly 30 years ago. My wife was born in 1972.
My question is whether my wife can claim her share of the property legally (as it has not been earned by her two brothers referred above) and the property belongs to the earning of their maternal grandfather.
No.
Suppose a person Mr. X buys land using money given to him by his father decades ago and then builds his house on it. After his father’s death without will, the person’s brother demands share to the property as land was bought using father’s monetary assistance. The property legally belongs to Mr. X. Can his brother have a right? There is no material evidence of Mr. X receiving money from father. However, in family circles it is known.
Can you please advise?
Did Mr X’s father giver Mr X an unconditional gift of the money?
My Self Anitha ,Pls to know clarification on my Queries.
My Father wrote a settlement deed in the Year 1980 before my marriage to my Brothers and His 2nd Wife.(Properties are available in Tamilnadu & Karnataka)
In the Year 1984 after my marriage myself & my sister have given a Release Deed stating that , as we are married and settled , we will not interfere in his properties for sale , including My kids will not interfere legally in future..( He has not given us any Property or Money from his properties).
My Father later expired in the Year 1995 , and his settlement deed wrote in the year 1980 is taken in consideration and his properties are started selling in the Year 2014 – July .
We have requested for a share personally and applied legally also , now they are stating the we have given release deed in the year 1984 and we are no part of the property for selling .( Already one of the property is sold and rest other things in queue for sale ).
We are insisting to give us a share , is there any chance that we can fight legally or our query can be considered any chance . Now they are asking us to sign a new release deed for all the property which is already sold and yet to sell .
No you can’t win back the properties you signed away your rights to ,unless you can prove cheating, coercion etc. But you can start small litigation on remaining properties and bargain for money in exchange for signing any more release deeds. Get a lawyer for doing this arm-twisting.
my mom has inherited my grand fathers self earned and ancestral properties as the only daughter. she wants to give all her property to one of her son bcos the others son was not good to her. can she do so? will the other son have any legal rights?
Your mom can do as per her wishes and no son can question her decision.
Dear Sir / Madam
I am planning to by a site from a developer. The property is registered in his Name. He has acquired the property from several persons & he is the absolute owner of the entire property. Should we need to get a consent deed from the family members of the developer during the execution of sale deed in my Name.
Regards,
Naveen
Is the site registered in his personal name or that of his firm/company?
Dear Sir / Madam,
I am planning to buy a property from a Developer. He has purchased it from several persons & has the property registered in his name. Is it required to get a consent deed from the family members of the developer while purchasing the site.
Regards,
Naveen
Possibly not, if the encumbrance certificate clearly mentions his purchase from many people.
My father has sold off the property which was handed done to him by my grandfather. His sisters have consented to the sale in writing. Do I have a right to object and get the sale deed cancelled?
No. Sorry.
Need some advice,
My mom had gifted a self earned property to me & my sister. Now my sister wants to release/ relinquish her share in my favor. Should a simple release deed work or should we do a purchase/ sale deed…for this property.
Looking forward for your reply
Anu
Just have her gift it to you.
first let me know the said gift was registered are not if it is registered it bocomes like a self acquired property. then your sister must transfer it to your name by settlement or gift or sale. 2. if it was not registered then your sister can make release deed in favour of you.
Sorry didn’t get your query.
Hi Keerthika. My friend’s dad bought a land in his name. He passed away but the papers were not given to my firend’s mom. Due to some family feuds the mom and daughter (my friend) live separately with no contact with her dad’s family. Her mom doesnot possess the documents.
How can she know the status of the property and the ownership? Who possesses the rights ideally?
Just go to the registry office, where the property is located and an RTI application will tell you in whose name the property stands. If there is no will to the contrary, your friend and her mum have equal rights to the property.
my answerr???
Karthik,
A little courtesy will serve you better. I am not your servant to serve your demands.
Keerthika
My mother gifted her purchased property to my second brother. I came to know of this after she expired. Is there any claim I can make for this property, with me being the eldest son?
No.
my grandfather died without making any will he has 4 sons 5 daughters.the four sons divided the joint family property among themselves and got registered in 1999 without consent of daughters does the daughters can question this registeration now and get share in the property and does they get equal share as son does
my grandfather died without making any will he has 4 sons 5 daughters.the four sons divided the joint family property among themselves and got registered in 1999 without consent of daughters does the daughters can question this registeration and get share as in the property and does they get equal share as son does
My grandfather had self acquired property he died without making any will ,he had 4 sons and 5 daughters the property was divided and registered by the four sons in 1999 without the consent of the daughters and now can the daughters challenge the registeration and can take a equal share as sons in that property
no. as per hindu law before 2005 the daughters were not entitled to ancestral properties.
Sorry Dhanraj, I didn’t get your comment.