Daughter's right
Guest
(Querist) 12 March 2011
This query is : Resolved
My wife has 3 brothers & an elder sister. A land is on the name of her mother & she wants to give that land to my wife. But problem is that paper of the land is with her husband & he does not want to give anything to his daughter. Also he has so much property on his name. My wife's mother is illiterate but can sign only. My question is how she can give the land to her daughter without knowing anyone in her family till she lives.
M.Sheik Mohammed Ali
(Expert) 12 March 2011
your query is not fulfill, the property self earned or ancestral property,if ancestral property all the heirs having rights and file a suit regarding that partition suit.
Guest
(Querist) 12 March 2011
It's not an ancestral property. It is on the name of my wife's mother but purchased by her husband.
Bhushan V. Kale
(Expert) 12 March 2011
She can execute a Gift Deed in favor of her daughter. After executing gift deed, recored daughter's name in property card (Govt. Record of rights). Do some transaction (like mortgage and release)in respect of gifted property, so that in future, you can prove that the gift is acted upon.
adv. rajeev ( rajoo )
(Expert) 12 March 2011
What mother was doing, whether she had any independent income?
Mother has got tittle deed in her name so on the basis of it, it can be presumed that she is the absolute owner. I agree with Bhushan
G. ARAVINTHAN
(Expert) 12 March 2011
Mother can convey the property to daughter. But father who have no interest in giving share , can file a suit for declaration under Benami transaction Act to make the property in his name
Chanchal Nag Chowdhury
(Expert) 13 March 2011
If your father-in-law has ample proof that it is a benami purchase, then forget the property. If not, make out a Deed of Gift & register it.
Guest
(Expert) 13 March 2011
You have not mentioned whether the property is in the name of the mother of your wife or in the name of father and self acquired, OR whether it is ancestral property from the side of the mother of the wife or from the side the father?
Unless you clear the position you can get some confusing or wrong solution.
