How Daughter’s can get their share in the property of her father?
X is grandfather and he had no children. He had lot of assets. X brought up A and B. A had one son and four daughters. B had two son and two daughters. X was given advice that A’s son alone will safeguard the assets as per his horoscope. So , he adopted A’s son. But , the understanding was that both A and B will GET equal share of assets after the demise of X. X expired . After some time , A expired. There was row between B and A’s son and the High Court of Chennai held that A’s son is the adopted son of X. Hence , he is the legal owner of X’s assets.
However , A’s son gave 40% of assets to B in order to avoid any further struggle.
While the case was in the High Court , A’s son obtained release deed from his four sisters on the promise that he will give due share to them. However , till date , he has not given any share of assets to his four sisters.
The main crux is even though X’s assets had to devolve on A and B equally , for custom and religious belief sake , the same was given to A’s son. Hence , A’s son was just guardian of the assets of X instead of A or B. Further , A’s son gave about 40% of assets to B . This implies if A is alive , he would have been the owner of 50% of assets of X and his daughter should have got their share of assets from A.
Please advice whether the four daughters of A can revoke their release deed now as A’s son has failed to keep his promise to give their share of assets and a file a case against A’s son for their share of assets as he is only the guardian for the Xs assets as it was demonstrated from the fact that he have given 40% of Xs assets to B and circumstances of the case.
