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?

 
Reply   
 
Retired

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


Total likes : 1 times

 
Reply   
 


Advocate

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


Total likes : 1 times

 
Reply   
 
ADVOCATE

Dear Kiran,

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


Total likes : 1 times

 
Reply   
 
Advocate

She can't legally claim after will/gift.


Total likes : 1 times

 
Reply   
 
Lawyer

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


Total likes : 1 times

 
Reply   
 

Thank you all for clearing my doubt.

 
Reply   
 
Employee

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"
 

 
Reply   
 

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
 

 
Reply   
 
Employee

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

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x