• Gifted property

Dear Sir,
I am a father of a son and daughter. My father gave me his own earned property at Mumbai through gift deal duly registered to me for certain reason. Balance property which basically ancestor property is still not distributed among st we two brothers. 
I have two questions. 
1. Brother is bringing pressure on father who is now 91 years that gifted property should be considered while distributing balance property. what does the law says?
2. Property gifted to me by father does it consider as ancestor property or my son can demand share in this property.
Regards
Mano
dhasu08@gmail.com 
8452941125
Asked 9 months ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
Hello
1) If the property that was transferred to you by your father vide a Gift Deed was his self acquired one the transfer is absolute and as such it should not affect your rights/shares in  the ancestral property. You may need to convince your father and tell your brother that he will land in legal trouble by coercing the old father to divide the property  your legitimate rights.

2) The property gifted to you by your father does not qualify to be ancestral property as he had acquired the property himself and your can not make any claim as a right. In case you die without  a Will your son will become entitled to a share in the property.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
On the execution of gift deed  the donor ceases to have the title to the property, therefore he cannot then make a settlement of it. So your father cannot revoke the deed of gift now. The gifted property is your separate property in which your children do not have the right to claim a share during your lifetime.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) once father self acquired  property is gifted to you by regd gift deed then  you would be absolute owner of property 

2) it would not be ancestral property and your son cannot claim share in said property 

3) please clarify n what basis you say other property is father ancestral property . Merely because he inherited from his father would not make it ancestral property 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1. If the property gifted to you is your father's self acquired property, then he is within his right to have gifted the same to you.
2. If the other remaining property is ancestral property, then the ancestral property would devolve equally to all the legal heirs and your brother cannot urge or bring pressure on your father to consider the gifted property for distribution amongst the legal heirs, along with the gifted property.
3. As per your narration the gifted property is your father's self acquired property and the self acquired property does not qualify to be the ancestral property.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
1. Brother is bringing pressure on father who is now 91 years that gifted property should be considered while distributing balance property. what does the law says?
Legally brother's claim is invalid and illegal. The father can gift his self acquired property to one of his sons of choice, the other cannot agitate over it.  the ancestral property can be partitioned equally. There is nothing wrong in it. 



2. Property gifted to me by father does it consider as ancestor property or my son can demand share in this  property  
This property shall be your own and absolute property, neither your son nor anyone can claim a share in it. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Hi, Once the property was gifted to it become absolute property of yours so now it can't be considered while  partition the property.

2. As the property comes to you by way of gift so it has become the absolute property of yours.. Yours son has no right to claim share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) it is in your interest to get your father medically examined as to whether he is from any mental illness of not 

2) if medical report reveal father is suffering from Alzheimer , dementia or any mental illness it will help you in case brother fraudulent gets property transferred in his name 

3) you can then move curt to set aside gift deed or relinquishment deed made 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0

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