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Right of my father in his fathers ancestral property
16-Nov-2023 (In Property Law)
Background: My grandfather was adopted by some relative in village. My great grandfather had lot of farming land, some gold and money. My grandfather had 3 children (2 son, 1 daughter). My father was in army so he couldn't stay in village. My father younger brother didn’t study well and start doing farming on that land. Till 14 year of army service my father has taken care of every expense (digging well, building house, medical, brother and sister marriage..etc). On some issue they decided to part away. Property got divided (without paper work, as great grandfather was alive and property was not transferred to grandfather) in 4 parts (2brother, grandmother, grandfather). Since father was in army he couldn’t farm so younger brother keeping farming till father got retired (25 year of service). 3-4 years back my great grandfather expired, before dying he gave 4-5 lakh rupee, gold, silver and many other thing to the my father’s younger brother wife, son and daughter. We had no objection
Sons and daughters have several rights as a coparcener. For instance, they get a right in ancestral property by birth; right to survivorship: if one coparcener dies the property gets divided among the rest. They are in joint possession and ownership of property and if they want partition, they can claim so by filing a partition suit.
Coparcener can also acquire a separate property and at the same time has right to alienate the property to any stranger his share in ancestral property and self-acquired property. Father can also gift property to his son and it won’t be treated as ancestral property which the son can then alienate to anyone he wants.
Can a father gift a property to his son?
A gift from father to his son is not part of ancestral property as the son does not inherit the property on the death of the grandfather or receive it by partition made by the grandfather during his lifetime. The grandson has no legal right on such property because his grandfather chose to bestow a favour on his father which he could have bestowed on any other person as well.
Thus, the interest which he takes in such property must depend upon the will of the grantor and therefore, when the son has got the property from his father as a gift, his sons or daughter cannot claim part in it calling it ancestral property. He can alienate the gifted property to anyone he likes and in any way he likes. Such a property is treated as self-acquired property, provided there is no expressed intention in the deed of the gift by the grandfather while gifting the property to his son.
Sons and daughters have property rights only on the properties that have devolved upon their father and become ancestral property in the father’s hands.
Coparcener can also acquire a separate property and at the same time has right to alienate the property to any stranger his share in ancestral property and self-acquired property. Father can also gift property to his son and it won’t be treated as ancestral property which the son can then alienate to anyone he wants.
Can a father gift a property to his son?
A gift from father to his son is not part of ancestral property as the son does not inherit the property on the death of the grandfather or receive it by partition made by the grandfather during his lifetime. The grandson has no legal right on such property because his grandfather chose to bestow a favour on his father which he could have bestowed on any other person as well.
Thus, the interest which he takes in such property must depend upon the will of the grantor and therefore, when the son has got the property from his father as a gift, his sons or daughter cannot claim part in it calling it ancestral property. He can alienate the gifted property to anyone he likes and in any way he likes. Such a property is treated as self-acquired property, provided there is no expressed intention in the deed of the gift by the grandfather while gifting the property to his son.
Sons and daughters have property rights only on the properties that have devolved upon their father and become ancestral property in the father’s hands.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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