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Can father gift ancestral property to daughter in law

Shivendra Pratap Singh

Advocate

03/06/2021

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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.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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