Question: Can ancestral property be gifted?

A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.

Which property can be gifted?

An immovable property can be gifted, by executing a gift deed. You need to pay stamp duty on the market value of the property, as on the date of execution of the gift deed.

How does ancestral property become self acquired?

It is helpful to first understand the concept of ancestral property under the Hindu laws. … When a division or a partition happens in a joint Hindu family, it becomes “self-acquired” property in the hands of a family member who has received it.

No, ancestral property can not be sold without consent of successor, the property is not earned by a person who want to sell it,so can not sell it to anyone. Yes, ancestral can be sell in interest of family and succession is not open yet. Either or successor can file suit for cancellation of sale deed in limitation.

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Can grandson claim rights in grandfather’s ancestral property?

A grandchild does not have any birth right in the self- acquired property of his grandfather if it has been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to whoever he desires.

Is it better to gift or inherit property?

It’s generally better to receive real estate as an inheritance rather than as an outright gift because of capital gains implications. The deceased probably paid much less for the property than its fair market value in the year of death if they owned the real estate for any length of time.

Is gift deed can be Cancelled?

A gift deed cannot be cancelled unless the donee has obtained the same through either by fraud, coercion, misrepresentation or undue influence from the donor. Court Fees will be as per the value of the property.

Can father sell ancestral property without consent of daughter?

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

A daughter has equal share of right in the ancestral property. Besides this, in a situation where the father has a self- acquired property or a separate property and he dies intestate, then the daughter who is a Class I heir will have succession rights equal to her living mother, sister, grandmother and brother.

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Can a married daughter claim on ancestral property?

According to the Hindu Succession (Amendment) Act, 2005, your daughter has a legal right over her father’s ancestral property. She can claim the property any time during her father’s lifetime or even after his death.

Who has rights on Grandfather property?

A daughter has been given the same right to ancestral property as the son after the amendment of the Hindu Succession Act, 1956. This right accrues by birth and does not come into force only on the death of the owner as in the case of a father’s self-acquired property.

How ancestral property is divided?

The rights in ancestral property are determined per stripes and not per capita. Share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

What is the difference between ancestral property and Coparcenary property?

A property is ancestral when acquired through inheritance from ancestors, this property is always shared by members of a coparcenary equally. On the other hand property is self acquired if it is earned by own efforts/learning or other human endeavour.

Can father gift ancestral property to one son?

A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.

Who is the owner of property after father death?

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.

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Do daughters have rights in Grandfather property?

Lawyers are divided on whether daughters’ children get equal rights in their maternal grandfather’s Hindu Undivided Family, like their mother. As there is no clarity, lawyers usually advise families to give some share of the ancestral property to daughters’ children during the partition.

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