Can a gifted property be taken back.

914 votes

First you have to understand the meaning of ancestral property.

What is ancestral property ?
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a 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.

What is not ancestral property ?
Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.

Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. Property inherited by him from other relations is his separate property. The essential feature of ancestral property is that if the person inheriting it has sons, grandsons or great-grandsons, they become joint owner's coparceners with him. They become entitled to it due to their birth. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property

In your case Gifted property your mother has absolute write over the property. In the remaining property if her parents are died intestate with out creating any document , she has right over the property.

If they took blank signature from your mother you will file a criminal complaint against them or at least send a legal notice to them and restrain them for creating forged documents.

Advocate Ajay NS LawRato

886 votes

The question is short of material facts. Was the gift to your mother in lieu of her share in the family property and has this been expressly stated in the gift deed and had your mother accepted the deed without any protest. If so, she has no justification claiming anything more.

Who has forced her sign the blank document? This allegation, prima facie, appears to be ill-informed.

Advocate P Venu LawRato