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Can father transfer his ancestral property to his daughter


23-May-2023 (In Property Law)
Can the whole ancestral property of father be transferred to daughter's instead of son(with son's consent)?If yes, then would it be enough to just write a will in the name of daughter's with consent of son on a stamp paper? Pleas advice if any other better way available, your advice will be appreciated. Religion:Hindu
Answers (1)

Answer #1
783 votes
Assuming that father has only two children, the ancestral property will be divided in three shares, one share each (father, daughter, and son). Father cannot transfer the entire ancestral property to the daughter, he can only transfer his 1/3rd share in the ancestral property to the daughter. The daughter in turn, will have her 1/3rd share with her, and the son will have the remaining 1/3rd share.

If the son is unmarried, and does not have children, he can give his relinquish his 1/3rd share in the ancestral property in his sister's favour.

If the father transfers the entire ancestral property to the daughter without the son's consent, the son's 1/3rd share will remain intact.
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