If the property is ancestral ie your grandfather acquired the property through his ancestors then he cannot give it to anyone and cannot sell it.
If your grandfather acquired it out of his own income then he has a right to do as he wishes.
Ancestral land dispute - Uttar Pradesh
There is possibility of a land dispute where my grandfather (our grandmother has expired, and grandfather only has 2 sons) may transfer ancestral land (majorly or wholly) to my uncle and to disadvantage of my father (and me). If we instigate things further, then he may definitely take the step. And if we stay quiet our probable loss might be minimal/manageable . 1. As per succession law, can a father (through will or gift) transfer all/major part of his land to any one son? 2. If we take the matter legal, then what is the maximum loss (through his will, assuming he has 1 acre or 100 acre - for ease of calculation, ) he can cause to us? Like what is the maximum he can transfer to my uncle. 3. Given that matter as of now is manageable (like a minor favor being given to uncle and if we challenge that then we may end up loosing more to save that little), I wish to know the max possible loss I may have to suffer if I take legal course.
Asked 9 months ago in Property Law
Religion: Hindu
7 Answers
If it is ancestral property father cannot transfer all land by gift deed or by will to only one son
2) better talk to father and request him to resolve issue amicably
3) execute deed of family settlement among family members
4) don’t take any legal proceedings at present
5) if grand father executed gift deed file suit to set aside gift of ancestral property
1. Yes he can do so
2. If it is his own and self acquired property then the aggrieved person has no remedy to this even if he approaches court.
3. As told above that in the event of provoking him, then he can transfer his entire property in favour of his other son alone which cannot be challenged in court of law.
Only if the father owner of the said property being his self acquired he can do the transfer in any matinee otherwise he can’t and you can challenge the same in court
Hello Concerned
An Ancestral property which is inherited from generations to generations cannot be transferred by your grandfather to only one Son, and by virtue of succession it will divided / given over accorind to the number of successors. However if the property is self acquired by your grandfather than he can transfer to anyone he wants.
Options Available
a. Sort the matter amicably within your family as any Civil litigation will take years.
b. You may choose to file a Declaration suit claiming your share in the ancestral property, however the challenge will be court fee - In UP the court fee is as high as 7.25% of the circle value of the property.
Best of Luck
1. If that property is your grandparents self acquired property , then they were having right to transfer the same by way of Will etc. to any one including his said son.
2. You will loose noting if you ask for the partition of the property which is in the name of grandmother jointly , if that Will is not probated from the court
3. Even there is a Will then also it is challengeable on many grounds
- Further, if the property is in the name of grandfather , then he can transfer his respective share to his one son and your father has no right to claim over the same .
- However , even the property is in the name of grandfather , then also your father can claim his right as well on some grounds.
You can contact , if further detail suggestion needed.
I'll provide a response regarding the potential land dispute in Gautam Buddha Nagar, Uttar Pradesh, considering your Hindu religion:
Inheritance of Ancestral Land
- In your scenario, the land is ancestral property if it was inherited by your grandfather from his parents or further generations.
- Under the Hindu Succession Act (1956), upon your grandfather's demise, the land would be classified as coparcenary property.
- This means your father and uncle (both sons) have equal coparcenary rights.
Father's Will or Gift
-
Will: Your grandfather can create a will distributing the land as he wishes. However, he cannot completely disinherit a coparcener (your father) without a valid and justifiable reason. Courts may question such a will. -
Gift: During his lifetime, your grandfather can gift a portion of the land to your uncle. However, this gift cannot exceed his own share (i.e., half of the land).
Taking Legal Action
- If your father feels disadvantaged by the will or gift, he can contest it in court.
- The court will consider the validity of the will or the reasonableness of the gift.
- Potential Losses
Maximum Loss Through Will: In the worst-case scenario, your grandfather's will might leave a very small portion (e.g., 1%) to your father. However, challenging such a will can be time-consuming and expensive.Maximum Loss Through Gift: Your grandfather can potentially gift up to half of the land to your uncle. However, exceeding his own share and leaving your father with nothing might be deemed unreasonable by the court.
Recommendation
Given your desire to minimize conflict and potential legal expenses, consider these options:
Negotiation: If the "minor favor" to your uncle is manageable, discuss with your father if peaceful co-existence is preferable to a potentially lengthy legal battle.Mediation: Explore involving a neutral third party (mediator) to facilitate communication and find a solution acceptable to all parties.
Consulting a Lawyer
While I've provided a general overview, a lawyer specializing in property inheritance in Gautam Buddha Nagar, Uttar Pradesh, can offer more specific guidance based on the details of your situation. They can advise on:
The validity of a potential will or the reasonableness of a gift.The likelihood of success in a legal challenge.The potential costs and time involved in litigation.Alternative dispute resolution options like mediation.
