• Land property rights

1 my Grand Father purchase 23 acres property so this is acesntral property?
2. After Grand father Distribution divided inmy dad and 2 uncle so still this acesntral?
3 .My sister wants share if still acenstral property then Sister will get shares from Grandfather 23 Acres or Only from my Father 7.5 acres 
4. If this is not acesntral and my dad sell or gift deed to me due to his medical Expenses then sister can take action.
Asked 2 years ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

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8 Answers

It is self acquired proeprty of grand father and on his demise inherited by your father and uncle 

 

it is not ancestral property as far as your father and uncle are concerned 

 

father is at liberty to sell or gift property . Your sister has no share in property during your father lifetime 

Ajay Sethi
Advocate, Mumbai
99834 Answers
8148 Consultations

Dear Client,

If your grandfather initially purchased the 23-acre property, it might not be considered ancestral property, as ancestral property typically refers to property inherited through generations. If your grandfather acquired the property, it may be classified as self-acquired property. Even If the property was distributed among your father and his two brothers, it may still not be considered ancestral property unless it was specifically designated as such where this property is Self –Acquired property. If, in accordance with the Hindu Succession Act of 1956, a grandfather's self-acquired property has been assigned to his father in a family partition in his role as a legal heir and not as a coparcener, the grandchild has no birthright in it. The property may be given to whoever the grandfather desires. The gift that your father made to you is now solely your  property if the transaction was legal, full, and valid. Any person can receive a gift of property from another person. It is not necessary to get anyone else's permission or notify them of this.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

If same is partitioned legally to dad through registrered deed then it will become self acquired in hands of dad otherwise sister can claim share 

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

1. No, it is your grandfather's self acquired property. 

2. No, it is not. 

3. Neither you nor can ask any share either out of your father's share or your grandfather's property , as a right. 

4. Your father can transfer his share in the property either by gift deed or registered sale deed,  your sister cannot dispute it. 

T Kalaiselvan
Advocate, Vellore
90033 Answers
2497 Consultations

This is self acquired property of your father and your sister can not claim any right if your father makes a gift deed in your name during his lifetime. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

NO

NO

Your father

No

 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

- The Ancestral Property is a property which is acquired by a great grandfather and passed down undivided to the next three generations up to the present generation of great grandson/granddaughter. 

- Further, an Ancestral property is the one which is inherited up to four generations of male lineage without dividing and partitioning the property by the previous three generations.

1. It is self acquired property of your grandfather.

2. Self acquired property of your father

3. During the life time of your father , none has right over the fathers property and hence father can transfer the property to anyone as per his own wish. 

4. No, she has no right to challenge the sell or gift deed executed by father. 

 

Please don't forget to rating positively. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

your GF purchased the land but from whose money?

if it was his own money then it is his self acquired property and not ancestral

after demise of GF, the property will go to his heirs which will include your dad

if your dad is alive, your sister cannot have any right in the property 

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

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