Dhana settlement
Tamilselvan R Gounder
(Querist) 16 July 2020
This query is : Resolved
My Grandfather(My Mom's Father) has Inherited Property, After his dead, my GrandMa(My Mom's Mom) done the dhana settlement of that property to My Mom (3rd daughter) and 3rd daughter taking care on her mom. No sons Only 3 daughters for My GrandPa. The 1st daughter is signed as witness in the document and the property registered to my Mom name and have Patta. Here My Questions are:
1. We(3rd daughter) planned to sell the property, if she sold, even after the 1st or 2nd daughter claim their
share?
2. Is it Possible that the other two daughters can claim the property share?
Guest
(Expert) 16 July 2020
Certainly they could claim. After the demise of your Grand father his wife and three daughters would be the Legal Heirs. Your Grand Mother could make the Dhaana Deed that is Gift Deed Or Settlement Deed only up to her one fourth that is her share only. So presently your Mother would have only 50% share in the concerned Total Share or Property and other two daughters could certainly claim their share in balance 50% . Discuss in detail with an Local Advocate showing all the documents copies.
Tamilselvan R Gounder
(Querist) 16 July 2020
Thanks for the reply Rajkumar sir, Actually we are planning to sale the property, is it problem any problem for the buyer? and my aunt is planned to file the case after my GrandMa's dead.
Dr J C Vashista
(Expert) 17 July 2020
The gift deed executed by your grandmother in favour of your mother (3rd daughter) is valid for her (Grandmother's) share, which is just 1/4th of inherited property.
Witnessing a document (Gift Deed) do not take away her (1st daughter's) share.
Similarly share of other siblings of your grandfather can not be sold by your mother without prior and proper transfer of title.
Guest
(Expert) 17 July 2020
Any Buyer will seek an Legal Opinion before implementing any transaction. An Good Advocate of the Buyer would advise not to do the transaction with out the consent of other two Legal Heirs that is other two sisters of your mother. Still if the transaction is made it will not have any binding on the Rights of other two Legal Heirs .
Guest
(Expert) 17 July 2020
Still if you are interested your mother could sell her share of 50% in the property after implementing the Legal Partition. Discuss with your Advocate in detail.
Guest
(Expert) 17 July 2020
welcome please...........................
Rajendra K Goyal
(Expert) 17 July 2020
After the demise of your mother’s father, his property is inherited by your mother, mother’s two sisters, and mother’s mother, i.e. ¼ th portion each. Your mother’s mother has executed Dan to your mother. Now your mother is owner of ½ share and her sisters ¼ th share each.
Your mother can sell her own 50% undivided share (or after division) only, her sisters can not object.
Sudhir Kumar, Advocate
(Expert) 17 July 2020
Not able to fully agree or disagree.
Please elaborate whether the property is registered in your mother's name.
kavksatyanarayana
(Expert) 17 July 2020
Your grandmother can gift her of 1/4 share only to your mother. so the other daughters may file suit. try to amicable settlement.
Rajendra K Goyal
(Expert) 18 July 2020
If Dan of full property is executed, that is irregular and can be challenged.
