Can a person transfer ancestral property as a gift deed?

Can a person (head of the family) transfer his ancestral property as a gift deed to his son without the consent of his other child?

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 08 Mar 2025

No, a father cannot gift ancestral property to one child without the consent of the other because all heirs have a legal right to the property. The other child can challenge it in court which might lead to a long legal dispute. It is important to take consent from all the heirs of this ancestral property before making any changes to it. Legal assistance should be taken to understand more about this.

Admin
Advocate By LEAD INDIA Answered: 08 Mar 2025

A person can gift his ancestral property to his son, but if other children have a rightful share in it, they may challenge the gift deed in court. The transfer without their consent could lead to disputes. It is better to seek consent from all heirs or legally divide the property before gifting it. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
 

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