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Can property ancestral property be given as gift?
29-Apr-2023 (In Property Law)
My great grand father bought a property. My father has given the part of the property to his second wife (my mother) as gift (Bakshis patra). Now both are with God. And there are disputes between we brothers. Kindly let me know that is it possible to gift this heridotory (vadvadilargit) property?? Also anther part of property which is given to me in his will as Xyz city survey number doesn't have any position in actual municipality map. We are planning to claim it as fraud will. Kindly help me with these.
In case where there was no partition in your great grandfather’s property and your father did not get his share in the property through partition of property, your father cannot transfer the property through a gift deed. When there was no division of the property, the property cannot be transferred through a gift deed or a will. You can challenge the validity of the will and the gift deed. The ancestral property will be divided according to the Hindu Succession Act among all the legal heirs.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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