• Can a father(Mr X) deprive his one son(Mr Y) from property which is succeeded from his father (Mr Z)

My grandfather has three son & no daughter. He made a "gift deed" of his entire property in the name of his two daughter-in-law (my uncle's wife's) depriving his elder son (my father). This gift deed was done few years back in around 2006. The property was transferred to my grandfather after the death of his father (my great grand father) as a successor. One or two years later in around 2008, after the "gift deed" my both aunt's (uncle's wife) sold the property to some person. Since my father lives in a separate home, he was unaware of all this incident. We came to knew all about this only after the demise of our grandfather in 2018. Can a father deprive his one son from the property? I would like to know whether my father can do anything legally regarding this matter? Thanks & Regards.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

It is not ancestral property

2) grand father can execute gift deed of inherited property in favour of his DIL

3) DIL can sell the property gifted to them as they are absolute owners of property

4) your father can be deprived of share of property by your grand father

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. It is not clear whether you are governed by Mitakshara school of succession while Bengali are governed by Dayabhaga school of succession.

2. So if you are Bengali then there is no concept of ancestral property and your grand father during his lifetime could transfer the property to anyone he chooses.

3. In that event pursuing this property will not take you anywhere.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello

A father cannot deprive his sons from the ancestral property. Therefore your father has a share in the property and you grandfather cannot alienate your father from the property.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

1. The owner of a property can deal with his property in any way he feels like.

2.Gift Deed registered by him is irrevocable and the subsequent sale deed registered by those two donees are legally valid.

3. Your father can not lay any claim on the said properties.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Your father can claim share in the name of ancestral property.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

So long as grandfather was alive he was entitled to deal with his property in any manner he deems fit

He can sell or gift or Will his property to any person of his choice in his lifetime

The children have no legal right over property when parent is alive

As grandfather transferred his property by gift, nothing can be done now

Moreover grandfather was not even legally required to take any consent of his son before gifting his property

It would be a different case if no gift was made and grandfather died without any Will - in that case your father could claim his share as legal heir

Your father has no legal right now nor can he succeed even if he goes to court

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Hello,

if it was the self acquired property of the grand father and he transferred the same to grandfather by means of a gift or will then he (grandfather) can distribute the property as per his will, as the same becomes his self acquired property.

However, if the great grandfather passed away intestate i.e., without a will then the property has to be divided among all the legal heirs equally as per the provisions of the Hindu Succession Act.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

This is my response to you:

1. Your grandfather can choose to dispose of the property as per his wishes;

2. Plus even if it was fraud, then the your father should have raised it earlier;

3. The limitation period for filing of suit is 12 years;

4. That period is also almost over;

5. Therefore at this stage your father can still file a suit;

6. He can also state that the gift deed is not valid;

7. You will need concrete evidence to prove there was fraud;

8. Consult a local lawyer and take legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Since it was the separate property of your grandfather i.e a property which he had inherited after the demise of his father, he was at liberty to gift it to anyone during his lifetime. The owner of a property has an indefeasible right to not only make an unequal division and discriminate between his heirs at the time of settlement of his property but he can also exclude a legal heir altogether and devise the property in favour of other heir(s).

2. Your father has no cause of action to challenge the gift deed except if he has evidence to prove that will was executed under coercion, fraud or undue influence.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes, your grandfather was free to deprive your father from the property in question.

I'm sorry to say but your father has no case.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) if property has remained undivided for 4 generations it is ancestral property

2) in present case it is ancestral property

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

If its an ancestral property then your father could not gift it

However he can make a Will of his undivided share

The son and also daughter (on and from September 2005) have equal right in ancestral property

Your father thus have a claim in this ancestral property

My earlier response was assuming that the property was self acquired property of your grandfather

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Can a father deprive his one son from the property? I would like to know whether my father can do anything legally regarding this matter

After inheriting the property from his father, your grandfather became the absolute owner of the property.

On the basis of his clear and marketable title he can transfer the property to anyone of his choice and in any manner.

There his decision or authority cannot be challenged.

If he has chosen not to give any share in the property to one of his sons, then the unprivileged son cannot challenge it nor claim a share in the property ass a right.

Any case filed by him in this regard would not be maintainable.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Since your great grandfathers time the property was partitioned to two successors.

Thus the nature of ancestral property extinguished.

Since the share of property of your great grandfather passed on to your grandfather, it becomes his own property , hence he had rights to transfer it to his daughters in law.

Daughters in law are not sons, the transfer was not challenged, hence I am afraid your father may not have any rights in the property.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. Your statement "After his death, the property was passed on to my grandfather." should be further clarified now since since in one hand you are claiming that the said property is an ancestral property and in the other hand you are stating that 'the property was passed on to my grandfather".

2. Ancestral property is defined as the property flow of title of which has not been interrupted for four generations i.e. from great grandfather to great grandchildren by way of will or deeds of conveyance like sale/gift/settlement deed etc.

3. If the title of the said property was passed in favour of your grandfather by way of any legal document/deed/court order or will, then it will no longer be considered as an ancestral property for yourself.

4. In the instant case, if the title of the property still stands in the name of your great grandfather, then you can claim share of it and file a partition suit for the said claim.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

If no partition ever took place then only the same will be treated as an ancestral property

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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