Results for #ancestral
Legal
#ancestral#property#flat#salary#transferred
My wife and I do not have any ancestral property, we just have one flat that was bought from our salary income. We are senior citizens now and want this flat to be transferred to our daughter's anem. We have also financially supported our two sons in buying their flats. Now do we need to execute an explicit concurrence with our sons or can we directly transfer this property to our daughter's name?
My wife and I do not have any ancestral property, we just have one flat that was bought from our salary income. We are senior citizens now and want this flat to be transferred to our daughter's anem. We have also financially supported our two sons in buying their flats. Now do we need to execute an explicit concurrence with our sons or can we directly transfer this property to our daughter's name?
| 
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You could gift the Flat to your daughter, if your two sons agree and can join them as confirming parties in such gift deed. However, if they object for such gifting of the flat in view of their having paid monies to you for acquiring the flat, then it will depend on whether such monies were given as loan or whether the same were paid to the seller at the time of acquiring such flat.
Legal
#ancestral#property#transferred
The value of my ancestral home is 10 crores. We are a family of three brother and four sisters, my father passed away in 1987. My brother got a relinquishment deed signed by all of us, stating that everyone will get an equal share. One of our brothers who has now passed away, had refused to sign the deed. He has a family of three sons, a daughter and his wife. Now, my brother has gotten the property transferred in his name and built a four storey house. How can I get my share out of this?
The value of my ancestral home is 10 crores. We are a family of three brother and four sisters, my father passed away in 1987. My brother got a relinquishment deed signed by all of us, stating that everyone will get an equal share. One of our brothers who has now passed away, had refused to sign the deed. He has a family of three sons, a daughter and his wife. Now, my brother has gotten the property transferred in his name and built a four storey house. How can I get my share out of this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You will have to file a suit for partition of the property and in the same suit, you will have to ask for your undivided share in the estate. You dead brother's heirs will also be entitled to his un-divided share in the property. You will also have to seek cancellation of the relinqusihment deed signed by you in favour of your brother.
Legal
#ancestral#property#divide
I wish to get a share in my ancestral property. But the property isn't divide properly, between him and his brothers, and neither does my father want me to have a share in it. Is there any law that can help me get my share?
I wish to get a share in my ancestral property. But the property isn't divide properly, between him and his brothers, and neither does my father want me to have a share in it. Is there any law that can help me get my share?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit for partition of the ancestral property in a Civil Court, if the property cannot be divided by metes and bounds, then the same can be sold and the proceeds of such sale can be distributed between all the parties in proportion to their respective shares in the ancestral property.
Legal
#gift#ancestral#property
I have four sisters that are married. They made gift deed for our ancestral property among themselves without informing me about any of it. How can I claim my share in this situation?
I have four sisters that are married. They made gift deed for our ancestral property among themselves without informing me about any of it. How can I claim my share in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you can challenge the gift deed and also file a suit for partition to claim your share in the property and if the Gift Deed affects your share in the ancestral property.
Legal
#reside#mumbai#ancestral#property
My sister and I reside in Mumbai, she is already married.We want to know the claims in our ancestral property. My sister is asking for equal rights, but I don’t wish to give her an equal share. Is she legally correct to ask for an equal share. Also, am I legally allowed to give her a lesser share?
My sister and I reside in Mumbai, she is already married.We want to know the claims in our ancestral property. My sister is asking for equal rights, but I don’t wish to give her an equal share. Is she legally correct to ask for an equal share. Also, am I legally allowed to give her a lesser share?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If you are Hindus, then your sister would have equal share in the ancestral property and you are not entitled to dispute the same. The fact that your sister is married is of no consequence in law anymore.
Legal
#ancestral#property
What happens in a case when there is no will and one of the siblings demands a larger share from the ancestral property on the basis of the reason that he/she is the eldest one? Can anything be done?
What happens in a case when there is no will and one of the siblings demands a larger share from the ancestral property on the basis of the reason that he/she is the eldest one? Can anything be done?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
One son cannot demand more share in the property merely because he is the elder son. The law does not grant any additional rights in property to the elder son and in the case of intestate succession to property, all sons will have equal share in the property.
Taxes & Duties
#ancestral#property#mumbai#co-owner#loan
I want to renovate my ancestral property. This property is in my father's name and is in Mumbai. I want to know the most cost-effective way to become the co-owner of this property and claim income tax deduction for the loan borrowed for renovation?
I want to renovate my ancestral property. This property is in my father's name and is in Mumbai. I want to know the most cost-effective way to become the co-owner of this property and claim income tax deduction for the loan borrowed for renovation?
Answered on November 08, 2017
If the said property is your ancestral property then the same is a property of HUF and you are co-owner to the same.
However, if it is property of your father in his individual capacity then the most cost effective way is to make a gift deed and thereby transfer partial ownership as the gift so received will not taxable under the provisions of the Income Tax Act. The Stamp duty and registr...
(View more)
Legal
#property#heirs#ancestral
My parents got married in a temple in 1972, although my dad was married earlier to another woman and had 2 kids. In the same year, my grandparents and my father wrote will that gave the property to his first wife and her children. My father and his wife passed away recently. Now, the court has named all four children as the legal heirs to the property, excluding my mother (his second wife). So do we have the rights to the ancestral home based on this?
My parents got married in a temple in 1972, although my dad was married earlier to another woman and had 2 kids. In the same year, my grandparents and my father wrote will that gave the property to his first wife and her children. My father and his wife passed away recently. Now, the court has named all four children as the legal heirs to the property, excluding my mother (his second wife). So do we have the rights to the ancestral home based on this?
This question has not been answered
