Civil Procedure Code (CPC)

Right to self-acquired property

This query is : Resolved 

Querist : Anonymous (Querist)
15 June 2021

My father has a self-acquired property at Chennai. He has three sons(one diseased) and three married daughters. Under Law, how the property can be distributed? Are daughters entitled to claim any share in the property?

Please let me the current legal position as applicable in Tamilnadu.

kavksatyanarayanaOnline (Expert)
15 June 2021

It is presumed that you are a Hindu. As the property is his self acquired, he can do anything as he wishes. Only after him, you and your siblings (including sisters) and your mother have equal rights over the property.

Advocate Bhartesh goyalOnline (Expert)
16 June 2021

During your father's lifetime no one can claim any right and share in his self acquired property.your father has every right to gift,sell and transfer his self acquired property to anyone as per his wish and if if he dies intestate then his legal heirs ( wife ,sons and daughters ) have equal rights and share in his property.

Dr J C VashistaOnline (Expert)
16 June 2021

Well advised by experts, I agree.
Self acquired property can be transferred/ disposed by titleholder (owner) as s/he desired.
After death of the titleholder the intestate property shall devolve upon his legal representatives/ successors as per personal laws governing the subject.

Asgher MahdiOnline (Expert)
16 June 2021

Agee with Bhartesh adv

T. Kalaiselvan, Advocate Online (Expert)
17 June 2021

Your father's self acquired property is his own and absolute proeprty.
He can decide about the disposal of his property in the manner he may like, for this act he need not take the permission of his children or his wife or from anyone.
He can even transfer his properties by a testamentary disposition during his lifetime in favor of one or more beneficiaries by bequeathing the properties through the Will accordingly.
However if he is not living and is reported to have died intestate then the properties left behind by him shall devolve equally on his wife and children including the legal heirs of his predeceased son.
Therefore, in this situation since the daughters are also one of the legal heirs to your deceased father, they are entitled to a share as a right in the properties left behind by him as successors in interest to succeed to his estates.

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