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K.P.Nataraj (Trader)     05 March 2024

Daughter.s right to claim property

Respected Sirs,


                           I donot have any immovable assets in my name.   My Father has few immovable

properties and all are his self acquired properties.

                           Me and my wife got divorced and i have a Daughter aged 12 years who stays

with her mother.

                           I have made monetary settlement (alimony) to my wife and my daughter.

I deposited a sum of Rs.10 lakhs to my daughter as mutually agreed.

                            Now after the divorce, my Father  has made a settlement of his self

acquired properties to me and my brother.

                            Now my doubt is  whether my Daughter can claim a share in the

immovable properties given to me by my father through Settlement deed?

                            Please clarify



 6 Replies

P. Venu (Advocate)     05 March 2024

What is the problem in your daughter inheriting the property by operation of law?

kavksatyanarayana (subregistrar/supdt.(retired))     05 March 2024

Your father executed a Settlement Deed in favour of you and your brother.  So it will be your property for your share and the other share to your brother's property. During your life, you can enjoy as you like. 

T. Kalaiselvan, Advocate (Advocate)     06 March 2024

The property you acquired by a settlement deed from your father will become your own and absolute property hence your daughter cannot claim any share in it as a right at least not during your lifetime

Advocate Bhartesh goyal (advocate)     06 March 2024

Since you received the property through settlement deed which will be considered your self acquired property so your daughter  can't claim any share in it during your lifetime. 

P. Venu (Advocate)     06 March 2024

Admittedly, the daughter is aged 12 years and it is impossible that she has made any claim over the property of the querist. On the contrary, the querist appears to be in a hurry to disinherit his own daughter. In the given situation, the daughter is the legal heir to the properties left intestate.

In short, he has only divorced the wife, not the daughter!

K.P.Nataraj (Trader)     07 March 2024

Respected P.Venu Sir,

                            Thank you very much for your reply.    

                        I agree that i have divorced only my wife and not my daughter.

But in life ,   some times we have to face unfortunate and unavoidable matters.

                      I afraid in future, my wife and her relatives may instigate my daughter

to go for such claims.   To understand future problems and consequences i raised 

this querry.

                   Once again I than you,  Kavksatyanarayna sir, T. Kalaiselvan sir, and Bhartesh Goyal 


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