Property Advice Needed

[Desiprem1488]

D

Desiprem1488
PARTICIPANT
March 26, 2025 at 6:27 pm

Consider the scenario below:
• A father has 4 children – A, B, C and D. He gifts a property X to A before his death.
• A few years later, A transfers property X to B without the knowledge or consent of C or D.
• B sells property X immediately, again without the knowledge or consent of C or D.
• A passes away a few years later. A is unmarried and childless, and therefore, siblings B, C and D are now the legal heirs of A.

Questions:
• Was it legal for A to transfer property X to sibling B without the knowledge or consent of siblings C and D?
• Was it legal for B to sell property X without the knowledge or consent of siblings C and D?
• B, C and D are now in talks for settlement of a separate ancestral property Y. C and D also demand to know what happened to property X. B claims that property X was willingly transferred to them by A and therefore C and D cannot stake a claim. Do C and D still get a share in property X, since it is an ancestral property that was transferred and sold without their knowledge or consent?

I need a response preferably from a lawyer, or someone who has specific legal experience/expertise in this matter. Thank you.

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[Alphabro1965]

A

Alphabro1965
PARTICIPANT
March 27, 2025 at 12:30 am

Not enough information, but, in general, self acquired property can be given to anyone without restriction. In the case of ancestral property, different laws apply. In the case of Hindus, Hindu Succession Act will apply. Best to meet a lawyer in person and have an interactive conversation with them so that they understand all the nuances and guide accordingly.

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[Desiprem1488]

D

Desiprem1488
OP
March 27, 2025 at 8:31 am

Thank you for your response! I understand that self-earned property can be given to anyone without restriction, so the transfer from the father to person A here is legal. But once A received the property, it became an ancestral property. My question is this : Was it legal on A’s part to transfer the property to B without consent of the other siblings C and D? The family in question is Hindu.

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[Alphabro1965]

A

Alphabro1965
PARTICIPANT
March 27, 2025 at 8:50 am

Again, more details are needed. For example, receiving a property as a gift vs inheriting it have different consequences. If you get a property as a gift from someone who is alive, it becomes your self-acquired property. It is ancestral only if it is inherited. Again, please discuss in person in detail with a lawyer to figure out your options.

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