Legal Question in Real Estate Law in India

My father and my uncle inherited a residential property by DANPATRA from their grand parent. Lateron the property got partitioned and mutation had also been done. Now my father gifted me his portion by REGISTERED GIFT DEED at local registry office. Now somebody is saying that any ancestral property or DANPATRA property can not be gifted to anyone. Is it true ? GIFT DEED is valid or not ? In future my sister can claim the property or not ?


Asked on 5/29/13, 2:03 am

2 Answers from Attorneys

Hi sir, your's father and uncle's grand father was given the property under Danapatra to his grand sons. Lateron those grand sons were partitioned the property and taken their respective shares. Afterwards your father was gifted the said property infavour of you, this is valid Gift Deed, because of ancestral property was ceased when their grand father was given the property to his grand sons. Your sister will not have any right over the said property which was involved in the Gift Deed. The said gift deed property amounts to self acquired property of your father, your father having right over the property as he like....best of luck... if any help please call me on mobile phone which is mentioned in the Lawguru.com website ... Kindly click on the LIKE icon. It will be a token of appreciation... by Chandrashekhar Vithal Jadhav, Advocate, Bangalore.

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Answered on 6/03/13, 8:45 am
Shrichand Nahar S.V.Nahar, Advocate

If the property gifted by your grandfather to your father and uncle was his self acquired property, then there may not be any issues. He could gift it to your father and uncle and your father can further gift his share in the property to you..

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Answered on 6/07/13, 2:51 am


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