Property Dispute: The property gifted by the father to the child is not ‘ancestral property’; Opinion of Mumbai High Court | Mumbai High Court’s opinion on the dispute between the siblings over the father’s property
After the death of the doctor’s father, a dispute arose between three brothers, one brother and two sisters, over property rights. The case was recently heard in the High Court. At the time, the court partially granted the sisters’ demand and ordered that the property gifted to the child by the father be kept as it was.
The property given by the father to the child is not ‘ancestral property’
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Mumbai: Inherited property (Property(Mumbai High Court on the background of a family dispute)Mumbai High Court) Has reported significant observations in one case. If some of the property that the father has earned from his own property is given as a gift to the child, then such property cannot be called ancestral property. The Mumbai High Court has ruled that the girl cannot claim the property gifted to her by her father. At the same time, the child in the case has been ordered not to sell the property without the permission of the court. (Mumbai High Court’s opinion on the dispute between the siblings over the father’s property)
After the death of his father, the dispute between the three siblings started over property
After the death of the doctor’s father, a dispute arose between three brothers, one brother and two sisters, over property rights. The case was recently heard in the High Court. At the time, the court partially granted the sisters’ demand and ordered that the property gifted to the child by the father be kept as it was. The court ruled that the property should not be sold or claimed by a third party without the permission of the court. The father had bought the flat with the family’s money and loan. Last year, the two sisters filed a lawsuit against the 71-year-old brother and his son, claiming that the brother grabbed the flat while his father was still alive. The brother claimed that the sister was suppressing the real information. The father of the siblings died in 2006 and the mother in 2019.
71-year-old brother’s argument in court
The brother argued in court that he had been gifted three plots by his father from his own property. The sisters initially did not object. But after selling the gifted flat, the sisters have run to court for their rights. The brother asserted that his sister could not claim the property from the sale of the prized flat.
What did the court say?
By law, fathers can give property raised from their own property as a gift to their heirs. However, such property cannot be termed as joint family property. In the case before the court, at first glance, two issues cannot be decided in favor of the sisters. The first issue was that a property belonging to the parents had been sold, at which time the share was also given to the sisters. Another point is that family reunification was also sought in the dispute. (Mumbai High Court’s opinion on the dispute between the siblings over the father’s property)
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