Legal Question in Real Estate Law in India

1. Is property obtained by partition is ancestor property or self owned property?

2. A has 2 sons and 3 daughters. A got property from his father by partition in 1978. A expired recently and made a gift deed of that property to one of his sons son who is minor. can other son can challenge the gift deed and wat are the possibilities that daughters also gets share in that?


Asked on 5/29/12, 11:32 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as A got the property after partition, it automatically becomes a self acquired property after partition as the ancestral property was partitioned. A was well within his rights to execute a gift deed. however, you may see a lawyer with all the relevant documents for further advice as the advice given here is spontaneous and without doing any legal research.

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Answered on 5/30/12, 1:41 am
ranganathan raghavachari R.Ranganathan & Associates

The property becomes the sole and absolute property of the person to whom it is allotted. It looses its ancestral nature on partition. So the gift of that property to another is valid and nobody else can claim share in that property.

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Answered on 5/31/12, 6:14 am


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