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Amit Kumar   13 September 2015

Daughter's claim in father's self aquired property

Hello. My Grandfather (mohter's father) had plots. He gave it to my mother's sister in 2010. The plots were self acquired by my Grand father. So can my mother and her brother claim their shares in the plots? Thanks you.


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 10 Replies

Kumar Doab (FIN)     13 September 2015

It is believed that you are HIndu.

The owner of the self acquired property can give the property to anyone in his life time by a vlaid means e.g. Valid WILL, registered gift/sale deed etc.

The children have no forced share in self acquired property of parents.

 

If the property is given by some invalid means and grandfather is not laive then there might be some chance to contest.

However the lawyer specailizing in such/family/civil matters and well versed with local laws......................that has examined all docs on record,inputs, merits   can advise you the best.

 

 

 

 

saravanan s (legal advisor)     13 September 2015

since it is his selfaquired property he can give the property to anyone he wants to give.if the transfer had happened by way of gift then if you have any proofs to show that the gift had been made under coercion or by fraud or the grandfather was mentally unstable at the time then you can challenge the gift deed.

 

saravanan s (legal advisor)     13 September 2015

if the property had devolved according to the will made by the testator the will can be challenged on the same grounds mentioned above

advocatepassy@gmail.com 971794 (Advocate)     14 September 2015

No your mother has no right to claim any share from her father's property if it was self acquired

Amit Kumar   14 September 2015

Thank you all. What if my mother's father writes on legal paper that the plot given to my mother's sister was forcefully. Means the sister forced her father to give her plots and father was under pressure against his wish about giving it to his every chid equally.

advocatepassy@gmail.com 971794 (Advocate)     16 September 2015

If you do that, your mother's sister will contest it in the court. If your Nana is still alive and completely sane, he can his Will at any time, even now or anytime before his death. That will cancel all his earlier Will

advocatepassy@gmail.com 971794 (Advocate)     16 September 2015

If you do that, your mother's sister will contest it in the court. If your Nana is still alive and completely sane, he can his Will at any time, even now or anytime before his death. That will cancel all his earlier Will

T. Kalaiselvan, Advocate (Advocate)     21 September 2015

You are posting the same query in a different manner in different threads.  Earlier you said that your father died  hence can you have a claim over your grandfather's self acquired property.  Now your grandfather becomes your mother's father.  Which is real? If you want to know academic lw, better consult your tutor and not the experts here, this forum is for helping the real and deserving and helpless people who are in distress and not for enriching somebody's academic knowledge. 

Amit Kumar   22 September 2015

Both issues are real sir. My father's father had tananted agri. land. Both ( my father and his father are died now) And there is an issue of my mother's father's property too (my Mother and father both are alive). The difference between both issues is that one property is tananted and another one is not. There is one more diff. Is that my mother is female and father is male. So, I don't think I am doing anything wrong here. I respect and understand your doubt. It happens when you think too much.

Amit Kumar   22 September 2015

Than you vinod sir.

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