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Sunil (Software)     05 December 2008

Daughters share in fathers property?

Hi,
My grandfather (father of my mother) has 2 sons and 3 daughters. my grand father has self earned property. Now he wants to share his property to his sons but not to daughters.
Can the daughters can claim share in the property. if daughters move to court is there any chance?
As a grand son can i claim and move to court?
Please clarify me


Learning

 10 Replies

Tribhuwan Pandey (Advocate)     05 December 2008

No doubt daughter has equal right as a son in her father's property. As you have mentioned it is self earned property then it is your gr. father's choice to whom they want to give share. If the property is undivided and father has died then issues can claim on the property of their shares. the issues cannot claim at the living of father.


As the property is of your maternal gr. father's propery you cannot claim on that at the living of your mother.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     05 December 2008

Mr. Pandey as usual have given a clear & proper opinion to all your queries. Thank you sir for your enthu.

Ajay kumar singh (Advocate)     05 December 2008

During the lifetime of your maternal grandfather you or your mother can not claim any share in his self acquired property and he is free to dispose it of  as per his wishes.If he dies without disposing it of your mother can claim a share.

Sunil (Software)     06 December 2008

Thank You for a quick and good reply.


Extending my question : My grand father may give his property to his son or dispose it. I want to stop the property not being selled or disposed for a time atleast for 10 years. can i move to court to stop dispose property , i may lost the case but my intention is to stop the property being given to his son or selling it for sometime.


Can u give any suggestions how to stop it for sometime temporarily?

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     06 December 2008

I do agree with Mr. Pandey & Mr. Singh

kumar sachin (lawyer)     06 December 2008

i also agree with pandey sir

Shree. ( Advocate.)     07 December 2008

The daughters have full and equal rights. However a valid will nullifies all rights,will is the real intention of ones own earned property.

M. Sahul Hameed (Advocate Profession)     07 December 2008

You have no right to claim of your maternal grant father because he is alive and the said property was acquired by your maternal grandfather as his self earned. if your granfather decide to give the said property, he has donate the asme as his wise.


 

Ravi Ranjan (cosultation)     08 December 2008

you can not stop to make arrangement by grandfather he wiil have full right to dispose off their property

sanjeev murthy desai (Advocate)     20 December 2008

Mr. Sunil,


Since it is self acquired property it is wish of the your grand father to dispose of any persons.


Law cannot help you in this regard.


sanjeev desai


 


 


 


 


  


 


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