Hindu Law Property Rights

Under the Dayabhaga school of Hindu law, a person has the right to sell, gift, or otherwise dispose of their share of ancestral property. This is because, under Dayabhaga, ownership of property is not dependent on joint family status but on individual ownership rights.
- A person can sell or gift their share of ancestral property.
- The person does not need the consent of other family members.
- The individual's share can be disposed of without leaving anything for their heirs.
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If the father has gifted his share of the ancestral property unconditionally, here are some points to consider:
- Under the Dayabhaga school of Hindu law, the father has the right to gift his share without needing consent from his heirs.
- The Donee (younger brother) can legally defend the gift if challenged.
- If the Donor's son challenges the gift, the Donee should keep all legal documentation of the gift deed.
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For a situation like this, it may be beneficial to consult with a local lawyer to ensure that all legal aspects are covered. If you have any specific questions or need more details on the process, feel free to ask!