cpc

Sucssession

This query is : Resolved 
 


Querist : Anonymous (Querist)
19 September 2020

Facts are as under:
1) Joint Family Property was distributed among two brothers (A & B) in the year of 1979.
2) Later on A Gifted the property of his share to his 4 sons (S1, S2, S3, S4) by way of 4 separate registered gift deeds.
3) S1 had 8 legal heirs (i.e. wife, son & 5 daughters). but he sale the property which he get from his father by way of gift deed, to his son only.
4) Father is not alive at this moment.

Now the query is
1) Whether daughters have any right in the property?
2) Considering the flow of property, can the father sell the whole property?


Advocate Bhartesh goyalOnline (Expert)
19 September 2020

S1 got the property through registered gift deed from his father A thus S1 became the absolute owner of questioned property and property would be self acquired property of S1 . S1 had every right to transfer the property to any one by sale,gift or by another mode. Daughters have no any right and share in property.


Querist : Anonymous (Querist)
19 September 2020

Thank You sir.
But what if the daughters were born and alive when the questioned property was partitioned in the year 1979.
do they become coparcner by virtue of amendment in sec 6 of Hindu Sucssession Act?

Advocate Bhartesh goyalOnline (Expert)
19 September 2020

Latest judgment of S.C Veenita Sharma vs Rakesh does not help daughters .S.C ruled that said judgment would not apply in cases ln which division/partition already took place.In your case property has already been divided in the year 1979 between A & B.Now daughters have no right /share in property.


Querist : Anonymous (Querist)
19 September 2020

your guidance is very helpful sir.
thank you very much again.

Shilesh PatelOnline (Expert)
19 September 2020

well explained by Expert bhartesh sir.

Rajendra K Goyal Online (Expert)
19 September 2020

Property was not ancestral joint family property.

Father had right to sell / gift / assign the property as it amounted to self acquired property in his hands after it came in his hands after partition.

Daughters have no right if father disposed the property during his lifetime.

kavksatyanarayanaOnline (Expert)
19 September 2020

I conccur with the advice given by the above experts

Dr J C VashistaOnline (Expert)
20 September 2020

I concur expert advise of Mr. Bhartesh Goyal.
Being self acquired property of S 1 he can gift the same to anyone.

J K AgrawalOnline (Expert)
20 September 2020

Resp Bhartesh Ji given proper answer. Before 2006 the girls were having no right by birth but in year 2006 this right assigned to them. But the right is in Coparrcenary property only. Here S1 got property by way of gift deed so he is having absolute right. Here one more question arises that if the S1 got gift deed from A after 2006? if so the position may be different.


Querist : Anonymous (Querist)
30 September 2020

thank you all for your valuable guidance

Rajendra K Goyal Online (Expert)
30 September 2020

You are welcome, may revert if have any subsequent question on the query.



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