Daughter share in father self occupied property


Respected all,

My grandfather ( my mother's father) is living with us and my grandmother is living with my uncle ( my mother's brother). My grandfather is aged about 85 yrs and he has a self occupied property of 1 acare land. While purchasing this land initially, the first half acare of land purchased in my uncle name and second half acare of land purchased in my grandfather name . this property transaction was done almost 20 years back.

Since many years my grandfather is staying with us and from last few months he is telling that " The Second half property owned by me ( i.e. half acare of land ) i am interested to gift to my cousin ( My uncle son).

Since many years we are taking care of my grandfather and as per my knowledge not even single day my cousins or my uncle asked my grandfather's health conditions . From past few months all are suddenly changed and my grandfather interested to gift his self occupied property to my cousin name.

Please provide your valuable suggestion…..

Thank you

 
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Advocate

 

During the lifetime the father may do anything with his share in the property as he owns it as self-acquired property, however after his death if he doesn't make a Will with regard to the said property, it will be inherited by his class 1 heir (according to Hindu Succession Act, applicable to Hindus) this will include his widow (1Share), all his sons(1share each) and all his daughters(1share each), in your case his half share in the property has 3 heirs to claim on his death that include your mother getting 1 share.

If the father makes a Will in favor of the cousin as he claims that Will you can always challenge after his death on the ground that it was got made by force or fraud by the beneficiary in their favor or the testator was not of fit mind to make such Will, this will require lot of evidence to prove so start collecting that now itself.

 
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Retired

Pl read this judgement.

It is all over for the daughters.



Attached File : 17909 20160123090709 259136257 daughters right sc.pdf downloaded 65 times
 
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FIN

It is believed that you are Hindu.

 

The owner can give away his self earned/acquired property to anyone in his/her life time.

He may agree to give some thing to you for taking care of him by his sweet will.

 

 
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Retired

WILL AND GIFT DEED ARE different proposition all together. 

Yes, I am a Hindu.

 
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FIN

The owner can dispose his self earned/acquired property  in his/her life time, as it pleases to him/her say by gift/WILL/sale/mortgage etc.

 
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