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Nathaniel Peter (M.Sc (C.S))     01 April 2015

Property division from parents to children

I want to know how the property is divided from parents to their children.

 

Consider this case if parents have 3 children. 2 sons and 1 daughter. The 44 years elder son was missing since 15 years and the 36 years old daughter was pregnant by her boy friend and kept on taking pills and later she became childless. She is living in US. Now the parent's relatives giving threats to kill the younger son who is living with the parents if he marries anyone so that they can steal the property.

 

The parents are 74 years old and the younger son is 34 years old and still unmarried and never married before. These relatives  hack the younger son's system and spy this forum to threaten him. These relatives are so upset that they cannot find a single mistake of the younger son like committing adultery, drinking alcohol to blackmail him.

 

What steps need to be taken to divide the property ? Mother is the first owner of the property and it was written as "Gifted to husband as the next owner " in the Gift deed. This is not an ancestral property.

Does the childless daughter gets the property ?

If missing elder son commits a rape will he get the property if he is alive ?

 

These relatives managed to remove the younger son from the job where he works. They also managed his friends to turn against him by creating threats to leave the house. Is it good if the younger son visits High Court as there was no Police action as the relatives said they gave bribes to Police to start the game. How should the younger son finish the game ?



Learning

 5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     01 April 2015

Sir, If mother is alive then she can gift the property to any one immediately and get the gift deed registered and all .... Its the sole discretion of the mother .... Regards Kapil Chandna Adv 9899011450

JUHI SIDDIQUI (ASST. MANAGER)     02 April 2015

suppose 2 wife matter in this situation how father property distributes with thier wifes and their children

First wife have daughters

Second wife have sons

jeetendra j hegde (partner)     02 April 2015

Respected sir/madam,

my query is,

we are five daughters and three sons to my dad.whilst my dad is alive,he gave each and every childrens with property in their name and kept the one flat for me which we lived till his end by keeping me as nominee and i got it transfered in my name after his death with shares too, transferred in my name by getting NOC from all my sibblings. now my question is whether my brother and sisters and their childrens have any right for that in future by claiming it as a ancestors property?

vishalsanchla (advisory and cosultants )     02 April 2015

Hello every one , i have read somewhere in the newspaper recently that Maharashtra gov has passed a notification that no stamp duty to be paid on property received in inheritance or will , if any one has such notification please share the link or copy.

Nathaniel Peter (M.Sc (C.S))     02 April 2015

Advocate Kapil sir, if the first owner can give it to anyone then why these property division rights for Hindus, Muslims and Christians described in detail in this link by Shuma Talukdar, President, Society for Social Regenration and Equity. 
https://socialregenerationandequity.blogspot.in/2013/10/womens-property-rights-in-india.html
 
 
**********************
JUHI SIDDIQUI QUERY: How the property is divided to his 2 wives and his children.
 
Jeetendra J Hedge Query: Whether his brothers and sisters and their children have any rights to claim ancestor's property ? 
 
Vishalsanchla : Maharashra government says no stamp duty to be paid on inheritance property or WILL. I don't know about it. Where is the link ?
***********************

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