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Challenging gift deed and info about ancestral property act what to do


19-Sep-2023 (In Civil Law)
This is a case on ancestral property. Basically my father gift deed the suit property to my bhabi (elder brother's wife) in 2010 (as per the papers) which i got to knew last year. They registered a case against me for threatening his life(totally fake) for the same which is going on in the court. The court also sent a local commissioner for the survey of the suit property and yes i have some part of the property in my control (registered by local commissioner - locks have been put up). But the problem which is coming is that my lawyers constantly say me that our probability of winning is very low and this is a case in which "We are fighting against the Law" as he says that according to ancestral property act, my father can transfer the "Whole Ancestral" property to my elder brother anywhere just on the tip of his pen. Is this true?
Answers (3)

Answer #1
531 votes
Actually that is quite contrary. If it is is ancestral he cannot transfer it to anyones name but ou should have an equal share in the property. He can only will or gift it in the event that he can show that the property was purchased by gim out of his own funds.
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Advocate Shobhit Bhatia

Adv. Shobhit Bhatia

LawRato Delhi | 25+ Answers
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Answer #2
586 votes
A property can only be termed as ancestral property if it is 4 generations old and has not been divided by the past 3 generations. First of all, ancestral property cannot be gifted away as per a landmark judgement of the Hon'ble High Court of Bombay. Secondly, all the sons (and daughters, if the father is alive, or passed away after 2005) have equal right in the ancestral property. Thus, you have an equal share in your ancestral property. You have a very strong case if the property is ancestral as per its legal definition.
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Advocate Sarthak Ahuja

Adv. Sarthak Ahuja

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Answer #3
729 votes
First There is nothing like ancestral property act in India second father cannot transfer ancestral property by gift as no such gift is permitted under Hindu law as far as im movable ancestral property is concerned.
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Advocate Gaurav Singh

Adv. Gaurav Singh

LawRatoDelhi | 25+ Answers
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