Daughters right is father acquired properties
Querist :
Anonymous
(Querist) 21 February 2018
This query is : Resolved
The case is as under :
The appellent is the youngest sister amongust 6 sisters and three brother and mother. Belong to hindu family.
Her father has purchased the following properties.
1) Land measuring 4 acres and 8 guntas,
2) Land measuring 12 guntas,
3) Three houses measuring around 9000 sq ft and 6 rooms,
4) Commercial shop measuring 3200 sq ft,
5) iquidity in the gold shop.
I need suggetions on the following queries.
Youngest sister is the appellent.,
a) She got married in the year 1995
b) Her father died in the year 1972 when she was in the womb of her mother.
c) he died without making any will regarding these properties.
d) ne of her brothers has given her a mere 3 guntas of land under a gift deed and in that he has taken signatures of the appellent as not to ask for any share in the remaining properties. the gift deed is not registered, mearly a noteried document in the year 2012.
e) she has fied a suit under Hindu succession act,,section 6 (Karnataka amendment section 6(A) ).. on 16 Jun 2016.
Please clarify whether her brother who has made a gift deed can have the signatures , and deny her right on the share of her in her fathers owned remaining properties.
kavksatyanarayana
(Expert) 21 February 2018
She has to file case in a court of law for her share. Consult an able senior counsel who has knowledge in revenue/property matters with the all the material available.
R.Ramachandran
(Expert) 22 February 2018
According to you all the properties are self-acquired properties of your father. You have not said that the properties are HUF properties. Being self-acquired properties, Section 6 of the Hindu Succession Act, has no application.
However, as one of the legal heirs of the deceased father, everyone in the family has equal share in the properties left behind by the deceased person, who has died intestate (without leaving any WILL).
Having said that, it is not clear how and where from and from whose property, one of the brother's could have given any Gift of 3 guntas.
It is also not clear whether the said Gift Deed was Registered or not.
It is good that a suit has been filed seeking your share in the properties left behind by your deceased father. But, you have not indicated what is the reply given by the others (i.e. defendants) to the suit filed by you.
Kumar Doab
(Expert) 22 February 2018
AQ so NO reply
Kumar Doab
(Expert) 22 February 2018
Pls post with your ID…. Your ID does not mean your email id/phone number etc and don’t post these....................While you post in new thread with your ID mention date/month year of marriage and Death…
P. Venu
(Expert) 22 February 2018
Why the term "appellant"? Has a suit been filed and decreed?
Dr J C Vashista
(Expert) 22 February 2018
If you are seeking obligation from experts FREE OF COST you will have to disclose your identity as per rules of this platform.
No reply for an anonymous author.
