Father's Self Acquired Property Given To Son By Will/Gift Retains Character Of Self Acquired Property Unless The Deed Intends Otherwise
02 Oct 2019 07:49 pm
The Supreme Court has held that as per Mitakshara Law of Succession, father's self-acquired property given to son by way of Will/gift will retain the character of self acquired property and will not become ancestral property, unless a contrary intention is expressed in the testament.
The bench comprising Justices L Nageswara Rao and Hemant Gupta was dealing with an appeal from the High Court of Gujarat (Govindbhai Chhotabhai Patel and ors v Patel Ramanbhai Mathurbhai).
Factual Background
Chhotabhai Ashabhai Patel executed a gift deed in favour of his son Ramanbhai Mathurbhai Patel in 1977. Chottabhai died in 2001. The other sons of Chhotabhai filed a suit challenging the gift and claiming share of the property. They claimed that Chottabhai had inherited the property from his father, and therefore it was ancestral property. Another contention was raised that the attestation of the gift deed was not proved.
The High Court however set aside the trial court's decree by holding that the property was not ancestral and that Chhotabhai was within his rights to give the property as gift to the defendant Ramanbhai. This was on the basis of finding that the property was self acquired by Chhotabhai's father. Challenging the HC decision, SLP was filed in Supreme Court by the plaintiffs.
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