Mr X who is a 3rd generation christian (Roman Catholic) was gifted , an agricultural land which was self-acquired by his mother, this gift was executed via a registered deed when Mr. X was still a minor in the year 1910. Later Mr. X in the year 1965 gifted this agricultural land to his only daughter via a gift deed as she was the only successor to him (Mr. X did not have any other children), Now Mrs. Y has 5 children (2 boys & 3 girls) what are their rights of Mrs. Y's children on this property? can Mrs. Y's children treat this property as ancestral since this was originally self-acquired by their maternal great grand mother and then passed on to their grand father before it came to their mother? Do all the children have equal rights or not? Thanks D
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there is no concept of ancestral property among Christians
2) X would be absolute owner of property gifted to him by regd gift deed
3) Mx X could gift property to his daughter
4)children of Mrs Y have no share in property during her lifetime .
5) on her demise intestate they would have equal share in property
Mrs. Y is the absolute owner of the property gifted to her and she may dispose off the said property in any manner she wishes during her lifetime.
If she dies intestate, i.e., without executing any will, this property will devolve upon her 5 children in equal shares.
Hello,
If she passes away without a will then her children/ legal heirs would have equal share in the property. It may be noted that there is no concept of ancestral property among the Christians.
If a property is given to X in gift deed then X will be the absolute owner of the same and then Mr. X can use the property as per his whims and fancies.
Regards
1. There is no concept of ancestral property in Christians.
2. You have not mentioned if Mrs.Y is alive.
3. If Mrs.Y is alive then during her lifetime she is at liberty alienate/bequeath the property at her sweet will. None of her children has any share therein during her lifetime. If, however, she dies intestate then all her 5 children will succeed equally to her property. The share of every heir shall be 1/5th.
This cannot be ancestral property in respect of the children of Y.
This property becomes Y's own and absolute property, provided this Y is the daughter of X who s transferred his agricultural property to his daughter by executing a registered gift deed.
The children of Y do not have any rights in this property becasue there is no intestate succession also in this.
The law of intestate succession under S. 32 states that: The property of an intestate devolves upon the wife or husband or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. However, as aforementioned, the Act recognises three types of heirs for Christians: the spouse, the lineal descendants, and the kindred. These shall be dealt with now.
The children do not have any rights in the property during the lifetime of the daughter of Mr. X.
