bluejay_BJ (sales manager) 13 December 2011
We are 3 daughters to my father. My father passd away in 2003. The property was undivided, though he gave 3 of us gift deeds for some part to build houses on.before the gift deeds could be registered, he passed away. My question is
1. Can we still register the giftdeed under stridhan?
2. If i claim this as stridhan, will i lose share in the remaining undivided property?
look forward to hearing from you. thank you so much!
Regards.
adv. rajeev ( rajoo ) (practicing advocate) 13 December 2011
No. You cannot register the gift deed without the presence of the executor. If you are only 3 sisters to your parents then you will get equal share and one share to your mother.
Dr J C Vashista (Advocate) 13 December 2011
I agrre with Mr. Rajiv as the donor has to be physical present before the Sub-Registrar for getting the Gift Deed registered. however, you are entitled to your share in the inherited property
Ashwin Hawelikar (Advocate) 13 December 2011
bluejay_BJ (sales manager) 13 December 2011
Sorry, forgot to mention that mother is no more. Also, sister no.1 had to sell her land and she did so by declaring her share as stridhan. I am confused as my sister no.2 and lawyer claim that since sister.1 declared as stridhan she doesnt have right in property. is that true?
Advocate Vishnu (Advocate) 13 December 2011
Stridhan property is property given to a daughter at the time of marriage and after that.
Ffrom your query it is clear all three sisters have equal rights. Now in dealing with the property sold by one of the sister, when you go for a partition , you just have to reduce the share sold by her from the share she was supposed to receive had she not alienated the property.
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