1. To be classified as ancestral property, the property should have traversed for four generations without any break in the male lineage.

2.  If the eight acres of land satisfies (1) above, then it's called ancestral property.

3.   Based on above if it falls within the bracket of ancestral property, then he could not have given such land to only one of his sons.

4.   If it were to be ancestral property, then the other brothers and sisters can challenge it in the competent Court to get their individual shares.

It is not ancestral land 

Father can give land to one of his pms by executing gift deed 

Dear Client,

In the Present Scenario, the 8 acres of land in question, are inherited by your father from his adoptive mother, and is hence not considered as an ancestral property, as such property refers to those passed through at least four generations of male lineage. Hence, this may be considered as a self-acquired property of your father, and therefore, he had an absolute right to transfer it to one of his sons, either through a gift, sale, or any other means. According to the Hindu Laws, a person has complete control over their self-acquired property, i.e., your father could legally give the land to one son without needing the consent of the other heirs. However, if the transfer was done in an improper way, without following proper legal documentation works, the other brothers and sisters may challenge the transfer in court. The same may be challenged on grounds of fraud, coercion, or mental incapacity. However, if the transfer has been done as a gift or through a will, there may be no challenge raised to the property ownership or transfer. On the other hand, if your father had passed away, without writing a will, the remaining heirs could seek their share of the property.

Hope you find this answer beneficial for resolving the dispute.

In this situation, the nature of the land (ancestral or self-acquired) is critical. Since your father received the 8 acres from his adopted mother, it is likely considered self-acquired property, not ancestral. Ancestral property typically passes down undivided through four generations and must remain intact through successive generations, which does not seem to apply here since the land came to him through adoption.

As the property is considered self-acquired, your father had the legal right to transfer it to one son in 1973. However, if the transfer was not done with free consent or if there were any irregularities in the process, other siblings could potentially challenge the transfer in court. You may consult a lawyer to explore whether there’s any legal ground to question the validity of the transfer, but a claim on this land may be difficult if all legal protocols were followed and the property is deemed self-acquired.

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

No, it is not ancestral property, it becomes your father's own and absolute property hence he can transfer the same to any person of his choice and by any mode of transfer.

The proposed challenge by the other siblings will not be tenable in law.

yes, 8 acre land is not an ancestral property and your father being owner is free to give his property to any person if his choice as he did by giving it to your one brother. other brothers and sisters have no say nor have any right to even object or challenge to such act of father. However, what kind of report your father had submitted to tehsildar? As such mere report is not a mode of transfer. 

It is not clear how your father's adoptive mother acquired the property in question - was it her self-earned one OR her absolute share from a partition OR ancestral. It is also not clear how your father transferred 8 acres in 1973 to one of your brothers by merely "submitting a report to the tahasildar".  In any case, if your brother is in continuous possession and enjoyment since 1973, you cannot legally challenge his title and ownership now. Any such action is time-barred.

If your father has transfered without consent of all other legal heirs then it’s not valid and same is an ancestral land if the said land is not self acquired by your father

- Since, your father has got that property from grand mother , then after getting that property it would be considered as his self acquired property, and your father was having his right to transfer the said property to your brother without taking the consent of others.

- However, if the said transfer is not by way of registered gift deed or a written document then the transfer has not taken place , and only reporting to tahsildar is not enough.

- If there is no registered document in favor of your brother , then you can ask for equal share in the property i.e. 8 acres as well. 

As the property was gifted to your father, it may be treated as self acquired property and he can dispose of the same as per his wish.