Gift to daughters


self acquired property whole contribution was made by father to purchase and construct 3 floor building but registration was made in the name of his wife after expiry of his wife, father made gift deed to his 2 daughters ground floor to small daughter first floor to big daughter and 3 third floor was kept vacant without making any deed and registration and without consent of his son.father died after 2 years of making gift deed. Now, can son challenge in court to avail share in the property on which grounds and also what about the vacant floor which was left without making any deed or registration. to whom that 3rd floor belongs from now onwards.
 
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Dear sir / madam plz reply reg to this post thanking you
 
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subregistrar/supdt.(retired)

Father purchased property (building) in the name of his wife.  Hence it is self acquired property of the wife.  So after wife's death, her husband and all children including daughters have equal rights over the property. Consult local advocate having knowledge in property matters to file case. But delayed.

 
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Retired employee.

That property that remained undivided, the son is entitled to a share if the father died intestate.

 
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Scientist/Engineer

It was self-acquired property of the father. But he registered in the name of his wife. From your statements it is understood that it was not a gift-deed in favour of his wife.It was held be-nami by the wife. Hence the father is competent to deal in any manner he liked with the property after the death of his wife.. His gift deeds in favour of his daughters would be valid. The third floor would be intestate property and all the three children would be equally entitled for the third floor. This is the legal position according to me. But if all the three children go to court with separate lawyers, the outcome would be what each one of them claims and how clever the three lawyers are.

 
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CEO

When husband purchases a property in the name of his wife, it is termed as gift to his wife out of natural love and affection. This becomes the wife's own property and the husband has no right over the property. In the event of the wife dying intestate, all of her legal beneficiaries have equalt rights in the property. The husband can not claim sole right.

 
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Lawyer

All LRs of the lady (wife), who died intestate have an equal share i.e., one share each to husband, son(s), daughter(s) and if any other. 

Prima facie it is an academic question paper for exercise.

However, it is advisable to consult a local prudent lawyer for better appreciation of facts and circumstance/ documents, guidance and proceeding.

 
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What if son occupied house forcibly and staying since 2 years what are rights of daughter?
 
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Retired employee.

Any co-sharer occupying the undivided property is presumed trustee and his occupation is considered in law as trustee for all co-sharers and he can not exclusively claim entire undivided property as his own.  Contact a local advocate and issue a legal notice seeking partition, at the earliest.  Depending on the response you have to file partition suit seeking individual share for all legal heirs as per law and make all the legal heirs as parties in the suit.

 
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