Married daughters' just right in father's property
aditya N
(Querist) 29 June 2014
This query is : Resolved
Dear Sir,
I am from Andhra Pradesh. The query is regarding my mother and her sisters rightful share in the property. My mom has 2 sisters and a brother. My grand dad(doctor)from his own earnings constructed a Hospital( 1960s), a house(1972) and purchased a piece of land. My grand father wants to give an equal split to all 4. My uncle is not fine with this and he feels the property should pass on only to sons. He doesn't event look after well being of my grand dad. Please let me know if the daughters have equal right in their father's property. If yes, then please also let me know the act or amendment which enforces this. If no then, also mention the reasons. As of now will or registration has been done.
prabhakar singh
(Expert) 29 June 2014
If your GRAND DAD {NANAJI}Dies intestate
his properties would devolve equal on all his children and widow according to Hindu Succession Act 1956.
However in his life time he is absolute owner
with right to sale, gift or make Will in any body favor in which none of his children or wife has right to interfere because they have just have a chance of succession but no right during his life time.
aditya N
(Querist) 29 June 2014
Thanks Sir! My mother and her siblings(all married) live separately, not in HUF or joint family. Will be this effect the right of my mother and her sisters? My grand fahter is completely willing to give equal share, but it's just my uncle who is opposing it without any basis.
prabhakar singh
(Expert) 29 June 2014
Your uncle has no right to DIKTAT his father about his father's self earned properties.
Let your mother's father pass his properties
by a registered gift deed in favor of your mother and her sister to the extent of their share being 1/3rd each by separate allocation on spot and take over the possession and let a Will be tested for rest 1/3 in your mother's brothers favor.
The concept of JHUF or HUF has no role to play here in your facts.
Kumar Doab
(Expert) 29 June 2014
Learned Mr. Prabhakar Singh has elaborated the matter and has made it crystal clear.
Your grandfather is a thorough gentleman and a noble soul.
Your uncle can not prohibit him in any manner.
Help your grandfather by engaging the services of a competent lawyer and to register the ………………..deed/WILL(registered) as per his choice……………….
aditya N
(Querist) 29 June 2014
Really really thanks a lot Prabhakar sir..Yes we'll go ahead and help my grand father with the services of a lawyer. He'll prepare the will in which ever way he desires. Once again thanks for your advice!!
ajay sethi
(Expert) 29 June 2014
agree with prabhkar singhji
Kumar Doab
(Expert) 29 June 2014
You may read the Posts of Mr. Prabhakar Singh again………………..the WILL is only for the son……………….
As suggested Registered Gift Deed for daughters to the extent of their share i.e. 1/3rd and separate allocation on the spot………………and handing over of the possession……………………and registered WILL for the son to the extent of his share i.e 1/3rd………………………….implying the son has to behave in life time of your Grandfather……………….
Follow it.
aditya N
(Querist) 29 June 2014
Noted Kumar sir.. Will consult lawyers for further action
T. Kalaiselvan, Advocate
(Expert) 29 June 2014
I agree with the views of experts in this regard, besides, my addition is that your grandfather can gift away entire property in favor of his daughter or grand daughters too without giving any share to his son because it is his self acquired property and he has absolute rights over it to dispose it as per his own will and wish, nobody can dictate terms on him nor can pressurize him. Your grandfather can settle/transfer the share of property he intends to give it to your mother even now itself by executing a gift or settlement deed. Contact a lawyer to help you out with the proper solution.
