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
Very much confused. Different lawyer have different opinion. Then what about the law which states "The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.", & "The essential feature of ancestral property is that if the person inheriting it has sons, grandsons or great-grandsons, they become joint owner's coparceners with him. They become entitled to it due to their birth.", etc etc. The said property was not a purchased property of my grandfather or his father, it was passed on from many generations after the death of their father, fathers father, fathers fathers father and so on. The tree was like
1. The property was passed on to our great great grandfather after the death of his father.
2. My great great grandfather had two son. After his death the property was passed on to his two son (one coparcener was my great grandfather).
3. My great grandfather had one son (my grandfather). After his death, the property was passed on to my grandfather. Thats how my grandfather had the property. Then, Whether this property will not be treated as ancestral/coparceners property?
Asked 4 years ago