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Is property received by way of Gift Deed, Ancestral or Self acquired?
18-Jul-2023 (In Property Law)
My grandmother (Sikh) purchased and constructed a property from her own funds. After her death, being only legal heirs and as per will, my father and my uncle got mutated one half share each. Later, my father transferred his own share to me by way of Regd Gift Deed. So, I want to know whether my share will be called Ancestral or Self acquired? Further, have my daughter in-law any right in this property If I sell my share to my relatives or unknown persons?
In your case the property will be a self acquired property. If your grandmother had bought it with her own funds, then it was self acquired for her, and once bequeathed to your father, self-acquired for him and you as well. Your daughter-in-law will have no share in it, and you can sell it to anyone you want.
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Adv. Angad Mehta
Delhi | 100+ Answers
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If the property has devolved on you not through intestate inheritance, but through a registered gift deed, the property is a self-acquired property and your daughter-in-law has no right over the property which is self-acquired. It has also been held in a recent Jugment, Sudha Mishra Vs. Surya Chandra Mishra, 2015.
However, you would also want to read S.R. Batra Vs. Taruna Batra. It's a landmark judgment on shared household.
However, you would also want to read S.R. Batra Vs. Taruna Batra. It's a landmark judgment on shared household.
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