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Can gift deed on ancestral property be challenged in the court of law
16-Oct-2023 (In Property Law)
First, my property was "My grandfather's mothers property". So, it is Ancestral property. Right ? My Grandfather have 5 sons & 1 daughter. My Grandfather was passed away in 2015. In 1993, My grandfather wrote a deed "all property was partitioned to 2nd & 4th sons only". Balance 3 sons & 1 daughter has no property. Now, my question is As per law, "who will get the property ?" 1) The 2 sons (or) 2) All 5 sons & 1 daughter ? And, Another story : In 2014, My Grandfather wrote another deed to the 5th son again the same property. Now, in PATTA for all properties was named as 5th son. Now, who will get the properties ? I'm a Hindu Religion?
Without seeing the documents i can give only a general opinion. From what you stated your grand father inherited from his mother and it is not his self acquired property and hence as per his wish he can not gift to one or two sons. As per the Hindu succession Act all your grand fathers children have got coparcenary rights along with your grand father and he can not deny their rights. You can take legal steps .
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Adv. G. Asok
Chennai | 200+ Answers
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If this query is still open, then I can take a call and assuming it is open, if it is ancestor property then you have a chance and if the above said properties are self earned of grand father and if you contradict the same by adducing necessary evidence to prove that your grand father did not have necessary source to buy properties it attains the status of ancestor property on the contrary it will be considered as self earned of GF and he can do what ever he wants, and it should be through registered document.
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Adv. RS Raghavan
Chennai | 100+ Answers
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