Daughters rights in father property
venkatesh
(Querist) 11 January 2016
This query is : Resolved
Dear Experts, I need one clarification. P1, p2 and p3 are ancestral(paternal) propertiese which were in my grandfather name still 1980.P4 is the property earned by my grandmother in her lifetime, P5 is the property earned by my father during his life time. upon my father death in 1981 p1 and p2 transferred to my mother name. Property p3 is still in my grandfather name , property p4 is in grandmother name and property p5 is still in my father name. My grandfather died on july1977 and grandmother on September 1989 and my father died on 1981.
Now we are totally 3 childrens to my father, 2 daughters and one son(i.e Me). My both sisters relinquished their rights to entire property in 2011 and then my mother executed giftdeed in 2013 and transferred property p1 and p2 to my name. Now p3 is still in grand father name, P4 is still in grandmother name and p5 is in father name as on date. As we all know SC ruled that there is no share for daughters in father property if father died before 2015. Would you please clarify me do my sisters still have any share on P3, P4 and P5 legally. My mother is alive as on date. Can my mother transfer rights of these property to my sisters by any ways(Wills).If you wish I can request my mother execute wills in my favour for these property. But my friends suggests not to depend on will. There are some technical problems with P3, P4 and P5 to do katha transfer. Please advice how can I take full control of these property and block sisters right(if any) in property while my mother is alive.
Rajendra K Goyal
(Expert) 12 January 2016
The Supreme Court decision need to be referred in toto before forming any view.
All the documents of the property need to be referred, consult local lawyer.
Dr J C Vashista
(Expert) 16 January 2016
Consult a local lawyer with all details and documents.
T. Kalaiselvan, Advocate
(Expert) 16 January 2016
From your contents it appears that your father duly inherited the properties that belonged to his parents. Or even otherwise, after the death of your grandparents, presuming there were no other legal heirs than your father, the entire properties devolved upon you father alone.
Subsequent to your father's death, the properties automatically devolved on all his legal heirs equally, which comprises, your mother, your sisters and yourself.
Yo have stated that your sisters have relinquished their rights in the properties by executing a registered release deed in you favor, therefore the they do not have any rights in the properties now or in the future. The relinquishment deed is irrevocable if there was no condition imposed in it.
Your mother is stated to have executed a registered gift deed in your favor which is also irrevocable.
All these confirm title on you to the properties you have inherited hence based on all these document, apply for mutation of revenue records to your name and take symbolic as well as physical possession and start enjoying the property.
K.S.Srinivas
(Expert) 24 January 2016
I go with the expert Sri T.Kalaiselvan.
