Property ownership

NAVEEN (Querist) 14 January 2020 This query is : Resolved
My father and mother died before 2005.
My fathers property was self acquired.
Myself(Son) and two daughters(both married) are childrens.
In whose name the property should be made in Khata.

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kavksatyanarayana (Expert) 14 January 2020
Yourself and your two sisters have equal rights over the property. so your name may be made in khata or any two of you relinquish their rights over one person. then that person may be made in khata.

NAVEEN (Querist) 14 January 2020
Since Daughter is married before 2005, I assume she ceases to be member of HUF. Whether she can claim property rights if Father and mother died before 2005.

Sb Karma (Expert) 15 January 2020
yes she can claim ,go mutually consent between all 3 members.

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Raj Kumar Makkad (Expert) 15 January 2020
Even if your sisters had been married prior to 2005, even then they are entitled for the grant of 1/3 share each. Thus the property shall be divided in 1/3 share each.

krishna mohan (Expert) 16 January 2020
As on today property is undivided and hence all legal heirs can stake claim.

R.K Nanda (Expert) 16 January 2020
All of you have 1/3 share in your father property.

Sailesh Kumar Shah (Expert) 16 January 2020
@ Mr. Naveen
is the property in the name of HUF ?

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NAVEEN (Querist) 16 January 2020
Thanks for the replies. Already started searching new home for me.

Dr J C Vashista (Expert) 17 January 2020
I concur with experts, you are entitled for 1/3rd share in intestate property of your father.

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T. Kalaiselvan, Advocate (Expert) 24 January 2020
If the property was in your father's name then this will not fall in the HUF category, however upon his intestate death, the same shall devolve equally on all his legal heirs, hence all the three of you are entitled to an equal share in the property left behind by your parents.

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