Can ancestral property be gifted?

Ancestral property is a property that is undividedly passed from the grandfather, great grandfather to the next four generations. Under ancestral property, the legal heir owns the ownership title by birth itself in the ancestral property. There are many facts related to ancestral property and many people ask  “

can ancestral property be gifted’. 

The answer to your question ancestral property can be gifted is No. An ancestral property can not be gifted.

• Every legal heir is entitled to have an equal share in the ancestral property.

• After 2005 daughters of the Hindu undivided family have equal rights to ancestral property.

•  Property inherited through Will and Gift is not ancestral.

• Once the ancestral property is divided it will lose the tile of ancestral property.

Hope your query about can ancestral property be gifted is resolved by reading this answer.

Is it possible to gift ancestral property: this is a common question that arises during property transfer. The ownership is shared, and the coparceners are not free to give their portion away, as everyone mentioned in the case of an ancestral property. I have recently undergone several responses as made above, but none of them addressed can ancestral property be gifted to wife. I have explained it below.

Whether ancestral property can be gifted to wife?

Property passed down through a family's generations is referred to as ancestral property. It signifies the family members' roots and heritage and has considerable sentimental importance. Whether or not ancestors' property may be gifted involves several ethical and legal issues.

• As per my knowledge, a wife has no legal right to her husband's ancestral property. 

• The wife will not be eligible for inheriting the property since she is not a coparcener in her husband's joint family, which is required in Hindu families.

• The husband's property will be distributed in compliance with the terms of his will if he passes away without leaving it.

For compliance with the inheritance rules in the relevant jurisdiction, you should seek legal experts. I hope you got an idea of the gift of ancestral property in Hindu law.

My friend Vicky inherited an ancestral property. He wanted to give the property to his son. However, his son-in-law wanted a share in his ancestral property. Vicky was clueless and did not want his son-in-law to get a share of his ancestral property. Hence, I advised him to consult a property lawyer. He went to an attorney, and asked “Can ancestral property be gifted without consent of successors?”

The lawyer told him that a father cannot sell his ancestral property without the successors' approval if the property is still undivided. When a father with two sons inherits an ancestral property from his father, the grandchildren are also entitled to a share of the property, which the father cannot sell without the sons' consent.

The lawyer informed him that while owners of real estate are free to give their property to whoever they choose, this is not the case with respect to ancestor property. When an ancestral property is undivided, ownership is divided and the coparceners are not permitted to give away their portions. To expand more on, “Can I gift deed ancestral property?” The lawyer informed him that according to Hindu law, even after partition, inheritance does not constitute a person's self-acquired property. Instead, three generations later the inherited property owner receives a claim to his portion. Recently, the Supreme Court ruled that the Karta is free.

But, in the following circumstances, the manager or Karta of a Hindu Undivided Family (HUF) has the authority to grant an ancestral property:

• Legal necessity

• For the benefit of the estate

• With the consent of the coparceners of the property

According to a recent decision by the Supreme Court (SC), the Karta is free to give away property for charitable causes and religious rituals. The apex court declared that gifting property "out of love" is not covered by the act of charity. 

A parent cannot voluntarily transfer the ancestral property to one son. According to Hindu law, gifts of ancestral property are only permitted in specific circumstances, such as times of distress or for religious purposes. In any other case, only one kid cannot receive the inherited property to the exclusion of all others. Daughters and sons have equal rights to ancestral property if they were born within the first four generations.

Finally, he also asked about the rights of the son-in-law to the property of his father-in-law. The lawyer informed him that under no circumstances can a son-in-law assert a claim to the property of his father-in-law. He could have given the father-in-law money to build the property or looked after them. Even in that case, the son-in-law has no right to anything because he is not related to the family.

I’d like to conclude my answer here about “Can ancestral property be gifted without consent of successors?” I hope this helps:)

Read More:

According to the “Transfer of Property Act, 1882”, an Ancestral Property cannot be gifted.

Although we know that, an ancestral property can not be bequeathed to anyone, i.e., it can not be given away to anyone as each succeeding heir has the right to claim their share to the property. Hence, to answer your question about the

gift deed of ancestral property, well it can’t be made.

But there are some exceptions to this. An

ancestral property gift deed

can be made for pious purposes (religious or any sincere purpose). Here are the

gift deed rules for ancestral properties

:

• A father can give a reasonable portion of his ancestral property to his daughters as a gift at the time of their marriage or even long after their marriage.

• A Hindu Undivided Family (HUF) has power to make a gift of their ancestral property for religious purposes but such an alienation (transfer by will) can't be permitted 'out of love and affection’ to an individual who is not a member of the family.