Paid Advise

Can father gift ancestral property to daughter in law

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Question: My father wants to gift ancestral property to his daughter in law. We have two brothers only and my younger brother is living abroad. My younger brother does not want to settle in India and probably he will renounce Indian citizenship. Can my father gift ancestral property to his daughter in law?

Question from: Uttar Pradesh

Your father is not an absolute owner of that ancestral property. All lineal descendents of three generations have interest in the ancestral property. The counting starts after excluding the first generation. Hence, your father, his son, grandson and great grandson have right in the ancestral property. 

Get partition of ancestral property

Your father should file a partition suit for dividing the property among the legal heirs. The nature of ancestral property changes after the partition. Each legal heir, after the partition, becomes the absolute owner of his share. Thereafter, he can alienate that portion of property. He can sell, mortgage, lease or gift that property to any person. 

After the partition your father can make a gift deed and gift his share to his daughter in law. If he wants to gift all ancestral property to his daughter in law then his legal heirs should relinquish their share in his favour. All the legal heir should execute a relinquishment deed and give up their right in the ancestral property. Thereafter, your father will become the absolute owner and gift ancestral property to his daughter in law. 

Relinquishment deed

All the lineal descendents are co-owner of the ancestral property. They get right in the ancestral property by birth. When a co-owner wants to give up his right he executes a relinquishment deed. Thereafter, the ancestral property does not devolve upon him. He excludes himself from the list of legal heirs in respect of ancestral property. Relinquishment deed is a medium of transfer of share. Hence, according to section 17 of the Registration Act, it must be registered. An unregistered relinquishment deed is not admissible in evidence.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can a tenant refuse to vacate an allotted house?

Question: Can a tenant refuse to vacate an allotted house? Our father had purchased 3 houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant...

First Name is missing in jamabandi 

Question: Respected Sir, I bought a flat in 2018. Now we had applied for renovation loan from bank and for that when we were collecting the required documents. It came to our knowledge that jamabandi had only my surname and operator missed to enter my first name in...

Can I transfer a demat account without a probate?

Question: Can I transfer a demat account without a probate? My father had made me (his son) as nominee on his demat account. However as per his will this account should be given to his grandson (my son). Bank wants a probate of the will. However as per his will this...

Can a mother gift self-acquired property to her grandson?

Question: My mother has a self-acquired property and also got property of my father. My father died in 2006 without making a Will.  However, the khatha has been transferred in my mother's name. We have a family of 3 people. Can a mother gift self-acquired property to...

Repossession of flat let out on rent since 1968 

Question: I own a flat of 600 sq ft in a cooperative housing society in ghatkopar west. Repossession of flat let out on rent since 1968. My grandmother had let it out in 1968, the rent was fixed at rs 120 pm and ever since then it continues till date. The share...

My father did not do mutation 

Question: My father did not do mutation after purchasing a land. A plot purchased by my father in 1991. He died in 2017 with no mutation etc done on this property due to some family disputes. Now I got information that this property of my father is sold and my family...

Can conveyance deed be done with the developer ?

Question: Cooperative Housing society is on 98 years leased land. Property is going for redevelopment. Can conveyance deed be done with the developer.?  Builder is going to give freehold ownership flats to tenants. Builder is asking us, who are the landowners, to do a...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54