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Kiran (Self)     14 November 2011

Daughter's claim on father's self acquired property

My father has a property in Karnataka. It is his self acquired property. We are 2 children, one son and one daughter. My sister got married in 2010. If my father registers a will in my favour or gifts the property to me, what will be my sister's legal right on the property? Can she claim a share in the property later?



 21 Replies

Anil Agrawal (Retired)     14 November 2011

NO. No rights accrue when property is gifted or given by way of WILL.

1 Like

Advocate Vishnu (Advocate)     14 November 2011

Dear Kiran,

Since it is the self acquired property of your father, your sister will not be entitled to a share if your father makes a will.

The important thing is a WILL will come into force only upon the death of the testator making the WILL and the testator can make any number of WILL's during his/her life time revoking the previous Will's.

If a gift/settlement is made the benificiary will be entitled to its enjoyment from the day the settlement deed/gift is accepted  by the beneficiary

1 Like

sridhar pasumarthy (ADVOCATE)     14 November 2011

Dear Kiran,

A person can transfer/will his/her self aquired property to anybody according to his /her  wish.  Nobody can question it.

1 Like

Shailesh Kr. Shah (Advocate)     15 November 2011

She can't legally claim after will/gift.

1 Like

Dr J C Vashista (Lawyer)     15 November 2011

Your sister cannot claim share in self acquired property of your father. However, if she claims and proves the property was purchased out of family funds and/or funds generated out of ancestral property then she has right

1 Like

Kiran (Self)     15 November 2011

Thank you all for clearing my doubt.

Zein (Employee)     16 November 2011

Yr reply :Your sister cannot claim share in self acquired property of your father. However, if she claims and proves the property was purchased out of family funds and/or funds generated out of ancestral property then she has right


My Querry :Pl provide relevant rule/sub rule,court judgements to substantiate stance stating that "a Married daughter cannot claim her rights on share in self acquired property of  father,where the property was NOT purchased out of family funds and/or funds generated out of ancestral property"
 

karthik (Team LEader)     20 February 2012

Dear Zein,

The Comments from you to Kiran was clear,I have a continued doubt with the same question.

What do you mean by family funds and/or funds generated out of ancestral property?

What if Kiran's Dad is still not divided/partion made with his ancestral property but stays different and earned this propery. Will this comes under Hindu Undivided Family?

What if Kiran's Dad brothers claim that they have given funds to it but dont have source of funds to prove?

Please advise
 

Zein (Employee)     20 February 2012

Family funds and/or funds generated out of ancestral property means  money generated from the sale of ancestors property.

Abhilasha Vyas (Professional)     26 August 2012

Can  sister claim through my mother. If she provokes mother for a divorce in order to cancel/revoke recently executed gift deed.

Abhilasha Vyas (Professional)     26 August 2012

Can she claim throgh my mother, if she provokes my mother for divorce . Shall such condition can make gift deed(recently executed) void in order to provide alimony to mother?

G.ManiKannan (Accounts Executive)     26 October 2012

Dear Sirs,

My father having a purely self acquired property he planing to make settlement deed or gift deed in my favour. My two sisters fighting for to claim  equal share on the property and also try for legally,  My first query 

1. Is there is any posible to take stay order from court before making settlement deed of Gift deed. 

2. One of my elder sister is staying  with us separtely out of three tenents without paying rent for more then 15 years and the Consumer card (ration card ) also in the same address. Is there any possiblities to file a suit as tenant act.

waiting for valuable reply

Thanks & regards

G.ManiKannan

Chennai

Advocate Vishnu (Advocate)     26 October 2012

Dear Manikannan,

Q1: No

Reason: Stay order will be given only when a suit is pending in a court. Your father can execute a gift deed in your favour and you will get absolute rights over the property.

Q2: An eviction suit can be filed, but since she has been residing there for a very long time, the court may grant her sufficient time to vacate the premises.

G.ManiKannan (Accounts Executive)     26 October 2012

Thank you very much Sir.

Which one is the safe, Gift deed or Settlement deed. Can Gift deed can be in favour of my two minor sons (grandsons of my father) and also appoint me as a manger of the property till the sons getting major.

Thanks & Ragards,

G.Manikannan


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