Can father give grandfather's property to his brother? What our share?


My grandfather gifted a self-acquired property to my father during his life time.

My father passed away recently and is survived by 2 children. In his will my father has gifted the said property to his brother.

Don’t his children have a right to raise objection? Is it ancestral property?

Answers (1)


485 votes

As we understand your situation,

 A gift from your grandfather to your father is not part of ancestral property as your father did not inherit the property on the death of your grandfather or receive it by partition made by your grandfather during his lifetime.

 You do not have any legal right on such property because your grandfather chose to bestow a favor on your father which he could have bestowed on any other person as well.

Thus, the interest which your father takes in such property depends upon the will of the grantor i.e. your grandfather.

 When the son gets property from his father as a gift, his sons or daughter cannot claim part in it calling it ancestral property. Your father can alienate the gifted property to anyone he likes and in any way he likes. Such a property is treated as self-acquired property, provided there is no expressed intention in the deed of the gift by your grandfather while gifting the property to your father.


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