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Gift of ancestral property to daughter-in-law

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Property

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My father has gifted entire ancestral property to his daughter-in-law. He made the gift with an ulterior motive, which I don’t want to discuss here. I want to file suit for cancellation of that gift deed. Is it possible?

Asked from: Uttarakhand

Your father has no right to gift entire property to his daughter in law. Ancestral property has a distinct nature. Children (coparceners) have the right in the ancestral property by birth. They are co-owner along with their father. Hence, father cannot alienate entire property without consent and agreement of his children.

Gift of entire ancestral property

Your father can gift only his portion of property. Before making a gift he has to partitioned the property and divide the share of each coparcener. This property has not been partitioned. Hence, your father cannot prove that he has exclusive right in the entire gifted property.

Your father has gifted shares of other coparceners without taking their consent. Hence, such a gift is invalid and not enforceable. The Hindu personal law does not confer upon “Karta” a right to transfer whole ancestral property to any person on his desire.

Transfer for pious or religious obligation

You did not mention the reason for making such a gift. It is pertinent to mention here that the “Karta” of joint Hindu family has special power to transfer the property for pious, religious obligation or for the benefits of coparceners. Consent of coparceners are not necessary in such a transfer.

But, in your case, giving property to daughter in law doesn’t fulfil any pious purpose. He also cannot prove that the property has been gifted for the benefits of coparceners. Therefore, the said transaction is invalid.

Cancellation of gift deed

You should file a civil suit for the cancellation of gift deed. It is mandatory for a valid gift that the donor must have exclusive right in the gifted property. Your father has no exclusive right in the entire gifted property. If he would have transferred only his share then it would constitute a valid gift.

When your father wanted to gift entire ancestral property to his daughter in law, he could do so after obtaining your consent. You are disagreeing with the transfer hence, you can bring a suit for cancellation of gift deed.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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