Legal Question in Real Estate Law in India

I do have a question about ancestral property. Before that I would like to state the foll. Facts:

1. The property was passed on to my mother by my grandfather (My Mother�s Dad) as a Gift. I recollect my Mom used to get a notice for Gift tax..

2. This property belonged to my great grandfather that was received as a inheritance by my Grandfather.

3. My Mother has 2 children (Son - My Brother & Daughter - Myself).

4. She wants to pass on the property to me for foll. Reasons:

a. My brother does not look after my Mother nor does he provide. Whereas I do provide for her expenses.

b. My Brother was educated (Engineering capitation fee as well as fees) by selling my fathers property (1 acre) whereas I was not. Altho� Mom has no physical evidence of paying his fees etc�.

c. Also, my brother took from my Mom Rs. 50,000 in 1990 for a business and lost all money. My Mother paid it in cash; hence no physical evidence is there.

5. My Mom has done a settlement deed in my name for the above property wherein she has mentioned that he does not look after and has been educated by selling off Fathers property.

6. Our religion is Christianity.

Want to know the foll.

- Can my brother contest for the right?

- If so, is there a way that the entire property can be made in my name without my brother having legal right over it. As this is my Mothers wish.


Asked on 9/26/09, 5:08 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Concept of ancestral property is present only in respect of Hindus. In case of Christians, nature/source of property is immaterial.

If your mother is valid owner of the property, she can dispose of or transfer the same in favour of any person of her choice, including you. There is no right of your brother over the property owned by your mother.

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Answered on 9/27/09, 3:13 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree with the above opinion of Mr. Nahar.

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Answered on 9/28/09, 10:55 am


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