Partitions
somashekhar
(Querist) 30 June 2010
This query is : Resolved
There is immovable property, it was joint registered between husband and wife. Wife is house wife as she is illiterate. They have only two daughter, both are married.
After death of father, the elder daughter got entire property in her name by gift deed without notice to younger daughter.
Now younger daughter wanted to get her interest. Please advice, how the younger daughter get their share.
Please tell us, is younger daughter has rights to get 1/3 of the property
Devajyoti Barman
(Expert) 30 June 2010
No only 1/3rd of of her father's 1/2 share ie. 1/6th.
somashekhar
(Querist) 02 July 2010
The property was Joint Registered between Husband and Wife. They have two daughters and they are married. After the death of Father Mother made a WILL-registered by dividing the property equally. As per the indication of share in WILL elder daughter constructed house and now, with bad intention elder daughter got the entire property by Gift from mother.
Is there any right for younger daughter to get the share as per the WILL?
B K Raghavendra Rao
(Expert) 03 July 2010
If husband died, his share i.e. half the property would be distributed by his legal heirs i.e. wife and two daughters. Each one will get 1/6 of the property. Wife would get 1/6 of the property in addition to her already existing half the property.
