Grandfather property - threaten by daughters
Prabhakaran
(Querist) 24 July 2015
This query is : Resolved
Hi Sir,
Please help me with below situation.
My father got a Property A" from his mother in the year of 1960
My father bought "Property B" & "Property C" which was self earned by him
In his life time, He settled the "Property B" to Son 1 & "Property C" to Son 2 with the consent of all 3 daughters who all were married before 1980.
In his life time, he did not settle the "Property A" to any one and died in the year of 2000.
Now all 3 daughters are threaten to go to court if "Property A" is not shared to them.
What would be the result, if it is filed in the court?
I just what to know, how to categorize the "Property A"? Whether it is Ancestral Property or not. If yes what would be the rights to the daughters?
Kindly let me know, if any info is required.
kavksatyanarayana
(Expert) 24 July 2015
all the legal heirs of your father have equal over the "A" property if he died intestate.
Kappil Cchandna
(Expert) 24 July 2015
Sir,
Daughters have the equal right to Property A, therefore it is advisable to share the property if you don't want the family to go to the court.
Warm Regards
Kapil Chandna Advocate
9899011450
Prabhakaran
(Querist) 25 July 2015
Hi Sir,
Thanks a lot for your prompt reply.
I have one more doubt, just two month back one of my sister was died.
Now there are only 2 sons and 2 sisters.
My doubt is whether the died sister's daughter and son have the rights of their mother? mean if we do share the "Property A", It should be 4 share or 5 shares?
P. Venu
(Expert) 25 July 2015
Your sisters are only seeking the rights already vested with them. The children of the deceased sister are also legal heirs to the property.
Rajendra K Goyal
(Expert) 25 July 2015
Daughters have the share in the referred property.
Kumar Doab
(Expert) 25 July 2015
You have not clarified how the property B & C was settled in favor of Son 1 & 2.
If this settlement is not by say a Valid WILL, registered Gift/sale/transfer deed/family settlement deed then your sisters may succeed to stake a claim on these as well.
You have mentioned that your father had 2 sons and 3 daughters.
Hence 1/5 share shall devolve upon each one.
The deceased sister's is getting the share from parental side (1/5th) and share shall be shared equally by her children, husband.
T. Kalaiselvan, Advocate
(Expert) 31 July 2015
The property A was left out without any arrangement or settlement by your father thus it becomes his intestate property and the same will devolve equally among all his legal heirs which includes your mother too besides yourself, your brother and sisters.
The legal heirs of the deceased sister shall have right to the share of their deceased mother in the property.
Amicable settlement among all be talks at home will fetch litigation free happy ending as well as the family relationship shall remain in tact, decide.
