Married Daughter's rights on ancestral property by Gift deed

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Referring to Hindu laws, the coparcener or co-heir have no power to gift a joint family property, unless he is the sole surviving legal heir. The Hindu laws of succession and inheritance are governed by two major traditional legal treatise—the Dayabhaga school that applies to Bengal and Assam and Mitakshara School, which governs the rest of India. Mitakshara says each person on his or her (following the 2005 amendment giving a daughter equal property rights) birth acquires an equal interest with his/her father in the joint family property. However, under Dayabhaga as long as the father is alive, he is the master of all properties, ancestral or self-acquired. According to Mitakshara, a person can gift a portion of the family property only “during distress for the sake of the family and especially for pious purposes’’.
The Bombay high court has recently held that no part of an ancestral family property can be “gifted’’ away, while resolving a dispute over a 69-year-old gift deed. Once he gift deed is signed, you can challenge the validity of the gift deed in appropriate Civil Court

Advocate Siddhant Sharma LawRato