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Can my father transfer ancestral property to me
14-May-2023 (In Property Law)
Dear sir , we are 2 sister and one son ( Myself) ,my father & mother is living ,we are having a ancestral( Grand father) property about 4 acres,where i have built up a 5 houses ,which cost is about 80 lack by own earning ,now my father wants to transfer the all property to me . please advice the way how he can transfer ,is there need any consent from my sister who married or their consent is not required. In marriage of younger sister all expenses bear my me about 15 lacks .
A pre-requisite condition required for a property to be Ancestral property is that it should be owned by the great grand father followed by grand father, father & present generation all in this linear generation living & enjoying the property.
The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above, in other words, it should be intact single property which is being used jointly by all members of the Hindu Joint family. Therefore, all property inherited by a male Hindu from his father, fathers father, or fathers fathers father, is ancestral property.
Therefore if the property is an ancestral property then the property cannot be transferred to anyone. Every legal heir will have right on the ancestral property and it will be divided according to the hindu Sucession Act.
The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above, in other words, it should be intact single property which is being used jointly by all members of the Hindu Joint family. Therefore, all property inherited by a male Hindu from his father, fathers father, or fathers fathers father, is ancestral property.
Therefore if the property is an ancestral property then the property cannot be transferred to anyone. Every legal heir will have right on the ancestral property and it will be divided according to the hindu Sucession Act.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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