Once partition is done it ceases to be ancestral property
father can execute registered gift deed in your favour
Ancestral property can be gift deed or written will?
We have 3 acres property Grandfather -2 acre (got from partition in 1999 with Grandfather's brother(2+2)) Grandmother -1 acre(self acquired 1997) Both died without writing any will. My father(only heir) is willing to give it to me. we are 3 children(2daughters,1son(me)) Is it possible for my father to give me all 3 acres without release deed from my sisters? is this ancestral property or self acquired?
Asked 10 days ago in Property Law
Religion: Hindu
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13 Answers
Property devolved on father under succession. All three acres is ancestral property. Sisters have to execute a release deed only than it can be bequeathed to you.
Grandfather -2 acre (got from partition in 1999 with Grandfather's brother(2+2)) this property is transfered from my great grandfather who died in 1988,he got it from his father. this was passed from male lineage. is this converted to self acquired by partition? even when my father gift deeds this, will this be easily challenged in court? few lawyers i consulted in local told me my sisters also has rights in this share,please confirm
Asked 10 days ago
local lawyers are correct.
Once ancestral property is partitioned it ceases to be ancestral property
The property in question is a mix of ancestral and self-acquired property. Here's a breakdown:
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Grandfather's 2 acres: This property is ancestral as it was inherited from your grandfather's brother in 1999. Ancestral property is considered to be jointly owned by the family members in the four generations of the male lineage. Since your father is the only legal heir, he is entitled to inherit this property, but it remains ancestral in nature.
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Grandmother's 1 acre: This is self-acquired property, as your grandmother purchased it in 1997. Your father inherited this property solely from her, and it is considered his individual property.
Now, as for transferring the 3 acres to you:
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Father's Right to Transfer: Your father can transfer his share of the self-acquired property (the 1 acre from your grandmother) to you without the need for a release deed from your sisters, as it is his personal property. However, for the ancestral property (the 2 acres from your grandfather), since it is jointly owned by all legal heirs, your sisters would have to sign a release deed to relinquish their rights to the property. Without their consent, your father cannot unilaterally transfer the ancestral property to you.
In conclusion, while your father can freely transfer the 1 acre of self-acquired property to you, the transfer of the 2 acres of ancestral property would require the consent of your sisters through a release deed.
Thanks and Regards,
Advocate Aman Verma, Legal Corridor.
Both can be done. Will as well as gift deed.
Dear Client ,
The 2-acre property that your grandfather inherited by partition in 1999 is ancestral property, havingcome from your great-grandfather and then down the line of males. Under the Hindu Succession (Amendment) Act, 2005, your sistershave equal rights as co-parceners to that property, and your father has no right to gift deed solely in your name without obtaining a release deed from them. Your grandmother's 1-acre self-acquired property devolves equally toall her legal heirs, including your father and consequently you and allthe siblings from him, if she diesintestate. Any transfer of the saidproperties may be legally challengedby your sisters without consent, byway of release deeds signed by them; the court should uphold their contention.
1. If the partition deed through which your grandfather in 1999 got 2 acres was through a registered Partition Deed in the jurisdictional Sub Registrar's Office, then it's a separate property in your father's hands(assuming that your father has no siblings) having the characteristics of self acquired property and hence your father can execute a WILL or gift the property in your favour.
2. Similarly your father who got 1 acre from his mother then it's a separate property in your father's hands (assuming that your father has no siblings) having the characteristics of self acquired property and hence your father can execute a WILL or gift the property in your favour.
3. If the narration in your query is correct, then there's no need for a Release /Relinquishment Deed from your sisters, during your father's lifetime.
4. Inspite of the registered Gift Deed executed by your father in your favour, in case your sisters challenge it, then it has to be countered effectively by proving that it's your father's separate property having the characteristics of self acquired property.
This is not ancestral property but it becomes your father's self acquired property.
Therefore your father can very well dispose the property in any manner as per his desire, he need not obtain release deed nor NOC to transfer the property in your favour from your female siblings.
Once the property was divided by a partition deed among siblings, it becomes their self acquired property and subsequently inherited by your father which becomes his self acquired property.
If your father transferred the property to your name by gift deed it is desire and right hence no one can challenge the transfer, if done it will not be maintainable.
Prima facie, it appears ancestral unless the documents are examined in detail.
If ancestral, then the daughters are entitled to equal share as that of son.
G.Rajaganapathy
Advocate
High Court of Madras
- Since, your grandfather has got that property by way of partition , then this property would be considered as his self acquired property
- Further , the said property is already self acquired property of your grandmother , it means that both were having right to transfer their self acquired properties.
- Further, after the demise of them , their properties would be devolved upon his legal heirs equally , and since your father is only the legal heir then both property would be considered as his self acquired property .
- Your father has right to transfer the said properties in your name by way of gift deed without takin the consent of others
Based on the information you provided, here's the clarification:
1. Ancestral vs. Self-Acquired Property:
- The 2 acres from your grandfather (received through partition in 1999) is ancestral property because it was inherited from your great-grandfather and passed through the male lineage.
- The 1 acre from your grandmother (self-acquired in 1997) is self-acquired property because she acquired it independently.
2. Gift Deed or Will:
- Your father can transfer the 1 acre of self-acquired property to you via a gift deed or will without needing approval from your sisters, as it is his personal property.
- However, for the ancestral property (2 acres), if your father intends to transfer it to you via a gift deed, your sisters must consent or sign a release deed (renouncing their rights to the property). Without this, the transfer might be legally challenged by your sisters.
3. Challenges in Court:
- If your father tries to transfer the ancestral property to you without your sisters' consent, they may challenge the gift deed in court, claiming their rightful share in the property. Since ancestral property gives equal rights to all legal heirs, your sisters have a claim to their share.
4. Partition Impact:
- The partition in 1999 of the ancestral property did not convert it into self-acquired property. It remains ancestral property as it was passed down from your great-grandfather.
Conclusion:
Your sisters do have rights to the ancestral property, and for your father to legally transfer it to you, they would need to provide consent through a release deed. Without their consent, the transfer could be contested.
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 greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
