Daughter harassing for more money.
RRRRRRRRRR
(Querist) 26 January 2015
This query is : Resolved
We are 4 members in our family from bangalore
Father (late)
Mother (Alive) 62 years born in 1953
Son ( not married) 38 years born in 1977
Daughter (married) 36 years born in 1979
Father has spent 8 lakhs for Daughter marriage and Gave 2 properties registered in her name in 1998 (50 lakhs worth today) and she got married in 2003
Father admitted in hospital and expired in 2006 and all the expenses bared by son.
Mother got hospitalized due to loss of husband, from then son has left the job and taken care of all the expenses till date and still son is not married.
Mother has been admitted to the hospital more then 10 times by her son and daughter has not come to visit even once and not helped brother morally, financially.
After the fathers demise
A> Property A was there in the name of the father has been transferred to son by taking daughter and mothers sign and khata is there in the name of Son and son is paying the property tax since then
B> Property B Self acquired property by mother in 1988 has been gifted to son with love and affection in 2010 through gift deed in SRO by paying stamp duty as per the SRO
MY QUESTION IS
Even after giving spending money on daughters marriage and after giving 2 properties
Daughter Without showing love and affection without helping mother and brother
Daughter is asking for more money or property share from Mother and Brother.
Can she get share from Property B ?
Can she get share from Property A ?
What does the law says ????
What should Son tell her ????
What son has do ????
please help me
RRRRRRRRRR
(Querist) 26 January 2015
Can she challenge ?
Will she get anything if she file a court case ?
Anirudh
(Expert) 26 January 2015
What money was spent on the marriage of your sister, how much money that you spent on your mother, what property was given by your father to your sister etc. etc., are not relevant so far as the question of interest/share in the property left behind by your father.
You say that the Property A which was inthe name of the father has been transferred to your name by taking daughter and mothers sign. What is the 'sign' that you are talking about? Is it a Registered Relinquishment Deed - relinquishing their respective share in your favour? Or is it a simple No Objection Certificate giving their no objection to mutate the property in your name?
If it is the Relinquishment Deed, then the property "A" is yours and nobody can ask for a share. If it is not a Relinquishment Deed, then certainly your mother and your mother have 1/3rd share in it and you have no other go than to give their respective share. Your paying property tax will not save you.
Property B being Self acquired property of your mother, if she had gifted the same to you by paying stamp duty as per the SRO
and having registered with the SRO, then the same is your property and your sister cannot claim any share in it. Even if she prefers any court case, she will not succeed.
Guest
(Expert) 26 January 2015
Repeated Query.Already Well advised by experts
Anirudh
(Expert) 26 January 2015
This querist has not raised this query in any other Thread at all. Therefore the question of repetition is imaginary.
Guest
(Expert) 26 January 2015
Mr.Ranganath and Mr,RRRRRRRR are same .The query is also with same Title .Ignorance not an Excuse. Let the Author say it is not Repeated.Just for the Purpose of Opposing me the Ignorance need not be Exposed again and again.
Kumar Doab
(Expert) 26 January 2015
It is believed that owners of the property were Hindu.
The mother has gifted a self acquired property (obtained from self earned funds) to son thru Valid Gift deed as posted by you and hence you are the owner now.
Father has died in year 2006 and the succession has opened in year 2006.
If your Mother (spouse) and Sister (daughter) have relinquished their rights in your favor by valid and registered relinquishment deed then you are the owner now.............otherwise you may share it in equal proportion with the sister.....
Anirudh
(Expert) 26 January 2015
If you are so sure, you should have said that so and so had already raised the query in such and such thread.
Rajendra K Goyal
(Expert) 26 January 2015
Repeated through another name:
http://www.lawyersclubindia.com/experts/Daughter-harassing-for-more-money-property-520031.asp#.VMX3SNKUfJc
ajay sethi
(Expert) 26 January 2015
it is repeated query
RRRRRRRRRR
(Querist) 26 January 2015
Yes Shri Rajkumar Sir,
Thank you so much to all the experts.
To transfer property B Mother and Sister had given a PRAMAANA PATRA to corporation with notary, by stating that we dont have any objection to transfer khata to Son.
And my mother has given a release deed to me in SRO by paying stamp duty.
Shri Anirudh Sir
Out of 8 lakhs spent for my sister marriage i have spent 4 lakhs. i have cleared the loan which we have taken from the bank.
For my mother recovery i have spent 12 lakhs.
My father has registered 50 * 50 B khata in daughter name in 1998 which is worth 50 lakhs from my father`s income.
We have already given her share long back.
Now what shall i do to safeguard my Share Property B ???????????
Anirudh
(Expert) 26 January 2015
The pramana patra given by your sister to the Corporation is only for the purposes of mutation of the property. Mutation is not a title. Mere mutation of your name in the municipal records does not guarantee any title in the property in your favour.
Therefore unless your sister had also given a registered relinquishment deed in your favour, as was done by your mother, you will not be able to avoid giving the 1/3rd share of your sister in property B.
Guest
(Expert) 26 January 2015
You could Post this in your earlier Thread which Carries your Original Name and which had been advised by Experts also.
Kumar Doab
(Expert) 26 January 2015
It is a repeated query...
The notarized 'Pramaan Patra' seems to be some kind of affidavit as per local language/practice......
If you have cleared the borrowing/loan of sister and have proof you may succeed to adjust/get the amount back.......
Meet local lawyer dealing in civil/revenue/property cases with all docs on record in person to proceed further....
RRRRRRRRRR
(Querist) 26 January 2015
Thanks to everyone
Thanks for helping me.
