Is Stridhana property considered as shared property
Querist :
Anonymous
(Querist) 31 October 2009
This query is : Resolved
Hi,
We are Hindus belongs to Karnataka. My father gifted a property(site)to his sister as Stridhana(In deed it is mentioned as "Stridhanakkagi"). At that time, my grand father was deceased and all the properties were transferred to my father by surviorship. This is gifted in 1980s. Now, in 2007, my father's sister is (filed a case) asking for equal share in our property. Does she has rights to claim share in our property? Does the gifted Stridhana property has any considaration? If in case she has rights, to what extent this stridhana property is considered to division of property.
A V Vishal
(Expert) 01 November 2009
Your Query is silent about the property, was it self acquired property of your father or a ancestral property.
Querist :
Anonymous
(Querist) 01 November 2009
among them few items are ancestral property and few are self acquired by father
A V Vishal
(Expert) 01 November 2009
In case of Ancestral property & self acquired property of the father she has got no right to claim share.
Querist :
Anonymous
(Querist) 01 November 2009
Hi Sir,
Herewith, i m providing details and see the attachment for more details
More Details:
1. We have an ancestral property which is transferred from my Great-grand father to my Grand father1 and then to my father after my grand-father1's death.
2.We have also a property which is purchased by my Grand father1 and then transferred to my father after my grand-father's death.
3. We have also a property which is purchased by my Father on his own.
Now, my father's elder sister (Expired in 1981) son and daughters and my father's younger sister(alive) together filed a case against all the above said properties.
Do they have rights to claim the property?
My father gifted a site of (30 x 40) to his younger sister as "Stridhana" titled.
My grandfather2 expired in 1958.
My grandfather1 expired in 1960.
Please help me in this concern
Do they have claims in the above said property? If so, what is their shares?
Family Tree:
Great-Grand Father
↓ Had 2 sons
Grand Father1 ↠→ Grand Father2 (Lived in a joint family)
(Whole property was in the name of GF1) ↓ │ Has 4 siblings
(No siblings) │
â–¼
Sis1(Expired in 1981) – My Father (Alive) –sis2 (Not questioning- Expired) –Sis3 (Alive - Party2)
│Has 3 siblings
â–¼
Daughter1 –Son- Daughter2 (All alive – Party1)
Note:
1. The above said properties are transferred from my GF1 to my father.
2. My father owns position of all the properties.
adv. rajeev ( rajoo )
(Expert) 01 November 2009
In the ancestral properties, which are transferred to ur father by your grand father in these properties his sister has got equal share along with the other family members.
In the self acquired properties of your father she wont get anything.
Querist :
Anonymous
(Querist) 01 November 2009
Hi,
My question is my father had already gifted a site which is worth of 40 Lacs in the name of Stridhana. Wont this be considered while dividing the share amoung the family members? Can the gift be held as property has already been divided between my father and his sister? or The gift made by my father wont be under consideration?
Raj Kumar Makkad
(Expert) 01 November 2009
I completely disagree with the advice of Rajeev. Because your grandfather expired in 1960 and all properties left by him either earned by way of self acquired or ancestral came in the ownership of your father as survivorship so at such stage no legal right exists in favour of younger sister of your father and legal heirs of elder sister of your father to agitate. No share at all can go in their favour what to talk of equal share. Equal share theory has come into existance during 2005 and it is not applicable retrospectively rather its application is prospective. Prior to 2005, the daughters had got the right to maintenance/nominal share only which has duly been performed by your father.
