Truth seeker 10 May 2023
Hello Everyone,
My father-in-law gave a piece of land to my wife as pasupu kumkuma during the marriage. The documents are in my possession which is not registered but are still on my father--in-laws name.
My F-I-L had brain damage , on the bed for 6 years and died recently . Now his other 2 daughters are claiming rights on the land though both of them are given money during their wedding.
How can we claim ownership and what is the best course of action in this situation.
Thanks,
Ram Mohan.
T. Kalaiselvan, Advocate (Advocate) 11 May 2023
It is a well settled principle of law that any gift of immovable property to a daughter by the way of ‘Pasupu Kumkuma’ during marriage is required to be stamped and registered since it is a gift within the meaning of S.122 of the Transfer of the Property Act and has to registered within the meaning of S.123 which says that the transfer must be effected by a registered instrument signed by or on behalf of the donor and attested by atleast two witnesses[9]. It is not permissible to give away oral gifts by the way of ‘Pasupu Kumkuma’.
Thus the unregistered document will not confer title to the property to your wife.
Thus the properties left behind by your deceased father in lw shall be considered to be intestate hence all the legal heirs are entitled to an equal share in it.
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