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Query regarding claim in an ancestral gift deed property
19-Jan-2023 (In Property Law)
My Religion- Hindu Dear Sir/Madam, My father owns a house constructed on a plot (received as dowry/gift by my grandmother from her father, I have heard so) gifted by my grandmother through a gift deed. As the construction of the house was done by father with his own expenses, he claims it is his self acquired property and I have no rights on it. Since the site of the house was passed on from my grandmother, her father/husband, can I claim my legal share treating this as an ancestral property when both my father& mother are alive? I have one elder brother too. If possible kindly let me know the procedure to be done vividly. Expecting your kind guidance as a trail reply for my above query.. Thanks and Regards
You have stated that your grandmother gifted the plot to your father by a gift deed and your father built a house upon it with his own means. The property has, therefore, become his absolute one, and no one else shall have any claim over it legally.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Hi,
Once the gift deed has been executed by your Grandmother in favour of your Father, the property vested on him absolutely. Thus he has become an absolute owner. Though it is not his self acquired property, it has lost the nature of ancestral property as well. Therefore, you can not claim it as a matter of right. However, you can talk to your father and convince him for a settlement.
Once the gift deed has been executed by your Grandmother in favour of your Father, the property vested on him absolutely. Thus he has become an absolute owner. Though it is not his self acquired property, it has lost the nature of ancestral property as well. Therefore, you can not claim it as a matter of right. However, you can talk to your father and convince him for a settlement.
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Adv. Santhana Lakshmi
Chennai | 25+ Answers
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