Property share
Querist :
Anonymous
(Querist) 19 May 2011
This query is : Resolved
Dear Experts,
property is in the name of X, X died in 1992, property got registered on X son Y name in the year 2008, Y has one daughter and one son, daughter eloped in the year 1996 and now that daughter is claiming her share in that property.
How far the daughter is eligible to get the share ?
If She approaches court will she win the case.
R.Ramachandran
(Expert) 19 May 2011
I assume it is the self-earned property of Mr. X.
You havenot indicated anything about your mother (whether she is alive or not).
If it is the self-earned property of Mr. X, then the same will go by way of inheritance EQUALLY amongst all the legal heirs i.e. your mother (if she is alive), the son(s) and daughter(s).
If share has not been given to the daughter, she will succeed if she approaches the court.
Querist :
Anonymous
(Querist) 19 May 2011
Dear Ramachandran,
Yes, it is the self earned property of Mr.X and daughter is the grand daughter of Mr.X,
Does the grand daughter will have the right?
If Mr.Y transfers the property on his grand son aged 2 yrs, even then the grand daughter will have the right?
The property is of 90 sq.yd what will be the court fee, if she approaches the court?
R.Ramachandran
(Expert) 19 May 2011
I was talking only about the widow, son(s) and daughter(s) of Mr. X.
Once the inheritance takes place in the above way i.e. equal share for widow, son(s) and daughter(s), then it will be the personal property of the said widow, son(s) and daughter(s).
NOBODY (including the son(s) / daughter(s) of the son(s) and daughter(s) of X) can claim any share in the said property.
adv. rajeev ( rajoo )
(Expert) 19 May 2011
If the property is self acquired property of X and it is transferred to his son Y during his life time then daughter cannot claim, but if it is transferred in the name of the son after the death of X then daughter can claim her share as a legal heir of the deceased.
bhagwat patil
(Expert) 19 May 2011
It is very clear from adv. Rajoo,thia the way.
Querist :
Anonymous
(Querist) 19 May 2011
Dear Ramachandran,
Thank you for your response,
Can t get the acts and sections in support of your statement?
Can i get any relevant case law for this ?
R.Ramachandran
(Expert) 19 May 2011
Case laws are not required at this stage. It may be required only when your daughter files any case against you. By that time there may also be some more case laws in your favour. So the case-laws are not required now.
M/s. Y-not legal services
(Expert) 19 May 2011
Yes.. Mr.rajoo is correct.. If its self acquired property of x mean, while his life time its transfered in the name of his son mean daughter can't claim.
Querist :
Anonymous
(Querist) 20 May 2011
Does grand daughter has any right on grand fathers self earned property, but the property got transfered to grand fathers son i.e. grand daughters father through gift deed after the demise of grand father, with the signatures of grand mother and sons and daughters of grand father.
Please answer.
R.Ramachandran
(Expert) 20 May 2011
Answer to the last query by Anonymous.
In this case,as per the facts revealed, the grand daughter cannot claim any share at all.
