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(Guest)

Father deny property settlement for daughter

Hi


I have a question related to a situation which we have come up.


We would like to know, if the father has the right to say that he is not willing to share the property with his daughter?

 

The property belongs to the grand father which has not been yet settled, but a portion of the property has been registered on his son in law's (Vijayan ) name who is the father.  Now Vijayan, has sent a court notice to his own daughter, stating that his daughter doesnt have the rights over the property and all the rights of the property belongs to other childern.

 

Is this statement legally possible? Can a father deny the property which was registred on his name by his father in law? Can he deny to his own daughter? if so on what grounds can he deny?

 

Regards

varun



Learning

 6 Replies

Advocate Rohit (Advocate)     19 October 2012

since the father had not brought the propety from his own income therefore, he cannot deny the rights of the children in the property.

 

Both sons and daughters have equal rights on the ancestral property. father/mother has no right to deny any child for their legitimate share in the property.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


(Guest)

Dear Sir

 

Thank you so much for the reply. But the property has not been setteled....but registred on his name..( fathers name by his father in law ) . Even though its registred still the father cant deny?


Is that right sir?

 

Cheers

Varunan

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 October 2012

No the daughters have no right. Since the property flowed not from paternal ancestral (Note : Maternal Grandfather and not Paternal Grandfather) hence the daughters have no right since it becomes father's seperate property and not a coparcenory property. If the property had come from their paternal grandfather situation would have been diferrent.


(Guest)

Actually the property belongs tograndfather who resgistered in the name of his daughter...and whose husband is denying to his own daughter...!

 

To be more precise

Property original owner is : Mr.Jayan ( age 72 )


He registered the property to his daughter Mrs.Kala ( age 40 )

 

Mrs.kala's Husband has issued a court notice to his daughter Mrs.Jayanthi ( age 22 ) stating that Mrs.Jayanthi has no rights over the property.

 

If this makes more sense...kindly clarify.

 

Thanks a lot

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 October 2012

Mrs.Jayanthi has no right in the property that flowed to her mother from her maternal grandfather, for the reason that a woman is the absolute owner of all property during her lifetime, and does not form a coparcenory with her children. However if the same property had moved from grandad to dad - it would have turned ancestral and they could have claimed.

 

Bharat Chugh

Advocate Supreme Court of India


(Guest)

Owe thank you very much for the clarification.

 

Regards

Varunan


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