Share in property...
Pran
(Querist) 11 May 2015
This query is : Resolved
A lady friend of mine has the following query:
She has 3 brothers (total four siblings). Her father has huge area of agricultural land available in their village. She suspects that her father may gift the total land property to his 3 sons by registered gift deed, after her marriage.
What can she do now in advance to safeguard her interests and get her rightful share in the property, legally ?
Kindly advice…
Advocate Bhartesh goyal
(Expert) 11 May 2015
If the properly is self acquired of father then she can not claim as a right,it is her father's wish to whom he transfer the properly.
Rajendra K Goyal
(Expert) 12 May 2015
For self acquired property of father, daughter / son has no claim till he is alive. He can sell / mortgage / gift / will his property during his life.
Guest
(Expert) 12 May 2015
Legally, she does not have any remedy, as she does not have any rightful share in the properties of her father during his life time. His father has unquestionable right to dispose off his property in any manner he likes.
Pran
(Querist) 12 May 2015
The father had acquired those agricultural land property in succession from his father, therefore the grandfather of the lady was the original purchaser of these property.
Father of the lady has mutated his name in these property (acquired through succession) and thus has become the owner now.
My only question is, can a father do such unjustice by not giving the rightful property share to his child ? The Indian law does not provide any solution to this problem ?
Kindly reply...
Guest
(Expert) 12 May 2015
Mr. Pran,
As per law, as you have stated, "the father had acquired those agricultural land property in succession from his father, therefore the grandfather of the lady was the original purchaser of these property, there is no injustice to her, as she still cannot claim any part of the property from her father, even if that belongs to her grand father.
Please state, if any more information you want to upload to supplement your query.
T. Kalaiselvan, Advocate
(Expert) 14 May 2015
The query has been properly addressed by experts. The author wants to know about Indian law in this regard, if he so much interested to take care of the lady's interest, let him make an attempt to talk to that lady's father to resolve issue.
