Can a father make a gift deed of ancestral property to only elder son?

Distribution of ancestral property of a father: A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons.

What do you mean by ancestral property?

Ancestral property means any undivided property which has been present through four generations. Such property should belong to the great grandfather and pass on to your grandfather. Maintaining the hierarchy, it will pass to your father, then to you in an undivided form.

Is brother a compulsory heir?

Brothers or sisters are not compulsory heirs. Thus, without a Will, they may not inherit. However, if there is an instance that brothers or sisters were instituted as heirs in a Will, still, they cannot receive the whole or all of their inheritance if it would reduce the lawful share of the compulsory heirs.

Is sibling a legal heir?

After the death of your brother your mother will become the only legal heir of his properties. You have no right over the service benefits of your brother, only his mother can claim it. 3. If your father has died intestate in respect of any property then it has devolved on his widow and children equally.

Which are not ancestral property?

Can properties obtained through a gift or will be ancestral properties? Properties that one acquires by way of a gift deed and through the execution of a will, do not qualify as ancestral properties. Also note that through a gift deed, a father can give this self- acquired property to a third party in his lifetime.

Is Family Tree required for self-acquired property?

No, only your mother and you all brother and sisters have to sign the sale deed.

What does it mean to be the only child of parents?

The use of the indefinite article identifies the person as belonging to the subclass of children who have no siblings. “The only child” also generally implies “of my parents”, but it requires a qualifier, and is thus context-dependent.

Can a daughter claim father property if father has passed away?

But, kindly note that Daughters cannot inherit ancestral property if father has died before 2005. Therefore, if a person (father) had passed away before 2005, the daughter cannot claim an equal share in the property. She is however entitled to a certain amount of maintenance if she is unmarried.

Can a father exclude a son from inheriting ancestral property?

If your father owns a self-acquired property and also an ancestral property, he has the right to exclude you (son/daughter) from inheriting his self-acquired property. However, he can’t deny your share in the ancestral property.

What are the rights of a daughter in father’s property?

At present, a daughter has the same rights in the property of her father on par with a son. But, kindly note that Daughters cannot inherit ancestral property if father has died before 2005.

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