• Mother's ancestral property

My mother have made a gift deed in favour of my Brother of her shares got from my Grandfather's properties Can I challenge it in Court
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

since the property is ancestral, accordingly, you can claim your stake in the property by way of filing a civil suit for the partition of the property


file a civil suit for setting aside the registration of the gift deed being illegal, against the law

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

property inherited from grand father by your mother is not ancestral property 

 

2) she is at liberty to execute gift deed in favour of your brother 

 

3) it should be duly stamped and registered 

 

4) you can file suit to set aside gift deed but chances of success are bleak 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

1. IF Mother has officially & documentarily received her share via a Gift Deed /Release Deed /Family Settlement Deed /Partition Deed /Court Decree, ONLY THEN Mother becomes the absolute owner and is entitled to Gift /Donate /Sell /Mortgage /whatever .... to anybody she chooses.

2. IF there are no documentary evidence of properties received from your Grand Father, THEN mother CANNOT Gift it solely only to Brother, in anyway, whatsoever AND ALL the legal heirs of Grand Father are entitled to EQUAL share in his properties.

3. Yes. You can file Civil Court suit, to claim your share, PROVED you have documentary evidences of such properties alongwith other details etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. As per your narration it's ancestral property and your mother could have gifted to her son her entitled share in the property only and not the entire property, including your entitled individual share in the property.

2. Daughters are also  treated as coparceners since birth on par with their brothers in respect of ancestral property and daughters are entitled to equal share in the ancestral property as that of sons.

3.  You can challenge in the competent court for partition, declaration and separate possession of the property by metes and bounds. Before filling the case, you can send a legal notice to your mother regarding your entitlement to your individual share in the ancestral property and in the event of not receiving positive response from your mother, then you can file a case in the court for your entitled share.


Thanks. My contact number can be obtained through Kanoon.com please. 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Dear Madam/Sir,

You can challenge if it is really a ancestral property in the hands of your mother and not self acquired property. You can immediately file a suit for partition and claim a share in the ancestral property as per  rules. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

The share a woman inherits from her parents is considered as her self acquired property and there is nk concept for ancestral property of a woman. 

So your mother is entitled to transfer her property to anyone she so chooses and you can't challenge the same in court of law. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hi, 

The property received by the mother is ancestral one and she may not dispose it as per her will. So, you may challenge and ask for your share in that. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can challenge if gift deed if executed under suspicious circumstances. Otherwise, mother can give her assets to anyone one by executing registered gift deed. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Your mother is absolute owner of property and she can make a gift of same you cannot challange same even if you file suit same is not maintainable. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi

No. You can't challenge. 

She was the owner of the property and it upto her that to whom she ll give the property. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Which side is this ancestral property from father's side or mother's side. 

 

If the ancestral property is from father's side family tree then you have rights in the property by birth and here your mother can give her share to your brother. 

 

If the ancestral property is from mother's side family tree then you don't have any rights in the property and here your mother can give full property share received from her parents to your brother or to anyone as a gift deed. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The property inherited by your mother is her own and absolute property.

It will not be an ancestral property in her hand.

Hence she is the authority over the property in her possession and enjoyment as an absolute owner.

Therefore she can transfer this property or alienate the same or sell or dispose it in any manner to whomever she may desire and decide and in the manner that she may decide.

No one has any right to question her authority or to claim any share out of her property.

Therefore any legal challenge made by you in any court will not be maintainable.

 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Yes ancestral property cannot be transferred by  affecting the right of the other legal heirs you have all the right to explore the legal recourse to challenge this will.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Probability is very little.

Property received by your mother from her father is not ancestral property, as such, she can deal with the said property as she like. 

Check whether the gift deed is registered and paid stamp duty, if it is not done, then there is a chance for you to file suit to set aside the gift.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You do not have any right in your own capacity in
your mother's ancestral property till she is alive.
 your mother have the right to WILL/GIFT her share of the property to anyone of their choice.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If its ancestral then you can other wise you cant

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

No you cannot challenge the gift deed on ground of ancestral property because after partition ancestral property attains status of self acquired property of owner.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the above query, makes it clear that your mother had inherited some properties from your grandfather, and the same has not been gifted to your brother.
  2. Now, the question comes as to what was the nature of the transfer in favour of your mother.
  3. If the same was out of your grand father's individual share then you may not be able to challenge it before the court of law.
  4. But, if the same was out his ancestral property without getting been partitioned in favour of others also, if any, then you have a chance to challenge it.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir,

If it is ancestral property ( coming from four generations) then you can challenge the gift deed of your mother.

An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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