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Dhanajayan Umapathy (any)     14 October 2011

Daughter denied grandfather property


Case : Father with 2 sons and 3 daughter registers a settlement deed of a prime property belonging to his father(Grandfather) to his 2 sons leaving his 3 daughters. 

Father's age 80+ ; Is this valid can the 3 daughters file case against it??? 

waiting for reply


 6 Replies

sridhar pasumarthy (ADVOCATE)     14 October 2011

Dear Umapathy,

Father has no such right to settle the property in favour of sons.  As the property is ancestral, father at best will have a right to execute a will with respect to this 1/6th share only.  Settlement deed mentioned by you is not valid in the eye of law.  The daughteres can file a suit of partition and can get 1/6th share each.

Dhanajayan Umapathy (any)     14 October 2011

Thank u :)

Grandfather the actual owner of the property transfered this rights of property(full rights to enjoy and sell the property) to his sons... and in turn he transfered his rights to his 2 sons leaving the 3 daughters....

can i go ahead with a law suit kindly suggest keeping in mind the above scenario...

Thanks in advance!!! (student)     15 October 2011

dear sridhar,

we have a property which is under dispute.. the property originally was in the name of my grandfather who expired some 30 years back.. and following that all taxes paid and A- register has been in my fathers name.. now my fathers sister is claimina a share in the property.. so what would be the outcome.. since all the expenses of marriage,dowry was spent by my father...

sheela subbarao (Advocate)     15 October 2011

The Supreme Court has held recently that, as grand sons grand daughters are also entitled for the ancestral property which to be partitioned subsequent to 19995.

Syed Khaja Afzal Hussain (Network & Operation Engineer)     15 October 2011

I have one question that if any people who are working in government office cheating with government like not paying house tax as per his house area and not paying tap taxes.  How i can file this cases and to whom i have to contact to do the complain

kranthi (retainer advocate)     17 October 2011

Sridhar sir said right

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