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Daughter's claim on father's self acquired property

Page no : 2

Advocate Vishnu (Advocate)     28 October 2012

Dear Manikandan,

Gift deed and Settlement deed are one and the same. So you may go ahead and request your father to make a settlement deed in favour of his grand sons and with you name as their  natural guardian.

Good luck.

 

 

Dr J C Vashista (Advocate)     28 October 2012

Gift is final after acceptance by donee

GAAYATHRE (engineer)     17 June 2013

Hi Shailesh Sir,

I just read your answers about Daughter's claim on Father's Self Accquired property.  My mother too is in a similar situation.

The difference is that we are fighting in the court to prove that the property is Ancestral property and not Self Accquired or Gifted. I need your guidance on the above point. Given below is the situation in which the Property was registered on my Mother's Father's name (that is my Grandfather's name).

About my family: My Grandfather has 3 Daughters and 1 Son in which my Mother is the Eldest. We belong to HINDU Family and the prooperty is situated in "TUTICORIN DISTRICT" down south in TAMILNADU.

The property under dispute is about 10 Acres of land. This piece of land has been registered as 2 documents as "Survey No: xxx/ A" and "Survey No: xxx/B". The reason being that this land was obtained from 2 different Owners

How this land was purchased: 

My Grandmother's 2 Elder Brother's had lended some money as loan to the "2 Owners" of the land. They (2 Owners) couldn't repay their loan with interest. So the Mortgaged land was offered to my GrandMother's 2 Brothers. Which inturn was registered on my Grandfather Mr.Subba Naicker's name. So it is definitely Not my Grandfather's Self Acquired Land. It has been given by his 2 brother-in-laws.  

When the land was registered on my Grandfather's name when he was just 22 years old. At that time both my GrandparentsGrandmother's 2 Elder Brother's Family were staying in the same house as JOINT family. My grandmother's 2 brother's registered this 10 Acres of land on my Grandfather's name for 2 reasons: 

1) Because of Land Sealing issue.

2) Also my Grandfather would be inclined towards my Grandmother and take care off her. But that never happened.
 
Now my  Meternal Uncle and Grandfather (when he was alive) claimed it to be "Self Acquired" land. Following which my Grandfather has written a "WILL" which states that, the 10 Acres of Land belongs to his only SON. And his 3 daughters have no right in it.
 
Q1)  So how will the court consider this peice of land in your opinion, given the above facts and the necessary supporting documents? The case is still pending in the court. My Grandmother died in 1993 and my Grandfather died in 2011. 
 
Q2)  Another General doubt is that if the Father gets a "Immovable Property" as Gift from his Father or some 3rd person, how will it be considered by court? Is it Self Accquired or Ancenstral Property? What are the rights of the Children in such a property considering the following case:
 
Case1: If a "WILL" is written in favour of One Child excluding all the other children?
 
Case2: If there is No "WILL" written, does all the children have equal rights in it assuming that mother of the children is DEAD?
 
Case3: Do Daughters and Sons have equal right in such a (Gift) property of Father?

Kindly hlep me with your clarification as i am very much confused.

With Regards,
Gaayathre.

VM   16 September 2015

I have a similar case. My father through a registered gift deed has gifted his self acquired propery to my brother. Based on my knowledge, my father had brought the property 50 years back from the sale proceeds of an ancestral property along with his own savings from his govt job. Can I claim any right over the property? Given it was 50 years back, I do not have any documentary evidence to prove the money from sale of ancestral property was used for buying his self acquired property. Do I have any legal options and will the onus to prove lie on me or will it lie on my father / brother if I was to file a legal case claiming the money used for purchasing the property was from sale of ancestral property.

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     17 September 2015

Dr.J.C.V. is correct

123children   14 January 2016

My father has a property in karnataka . My grandfather's property has come down to my father as a self acquired property and can my aunt have a claim in the property? She is not alive anymore and she passed away before 9th september 2005 and so did her father (my grandfather) die before the commencemnet of the amendment. Her name was not even mentioned in a will as such that she is entitled for her share ? My father is no more alive but he passed away way after the coomencement of the ammendment. Can you please let me know if my late aunt has her share in it? My late's aunt's children are now wanting to claim for a share in the property too which I think is not appropriate. 

P.C. Joshi (service)     04 March 2016

Dear Friends,

A father has three children one son and two daughters. Son is settled abroad but visits India frequently. In this case are the  married daughters entitled to share in their father's self acquired property after his death. If the father has not made any will and as per the customs, the property of father self acquired or otherwise all passe  on to his son after death and daughters have no claim on father's property after marraige. 

Thanks

P.C. Joshi

 


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