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lakshmi (s/w engineer)     29 December 2010

Daughters share of settlement property of father from his GF


My father having property.4 daughter and 1 son to my father. My GF gave settled property to my father name. Now my father willing to give all properties to my brother.For that he written will in the year of 2002.Can i get share from my father's property?



 9 Replies

Adv. Deepak (Advocate)     29 December 2010

If your GF has made a settlement of his property or made partition of his property and given certain share to your father, then that share becomes your father's own property.  During his life time, he can dispose it of as per his own will.  Accordingly he has writen a will.  However, if you want to claim share from that property, first find out whether the will is registered with the sub-registrar or only written document.  Also fine out in whose custody the property is at the moment.  You can serve a legal notice to your father, to your brother claiming your interest in it.  As it is a will, your brother will not become owner till the time your father is alive.  After your father's death, you can challenge the will in the court.

Adv. K.S.A.Narasimha Rao ( )     09 January 2011

Dear Lakshmi,

First of all, it is required to specify the place of property located in civil matters.

Second thing is that the self acquired property by your father, cannot be disputed by you. however, you can have the share in the property acquired by your father from your GF only.

If your father mentions the property acquired by him from Grand Father in Will Deed, then the said Will Deed will become void and infructous.

However, better try to enquire the matter and issue a notice to ur father for partition of property acquired by ur father from ur grand fathers.

Tarun Sharma (EMPLOYEE)     10 January 2011

My query also on this issue mr. Deepak & Narsimha,

if the father will sold GF acquired property, which is already registered to father, and buy a new floor which will register to mother, on that case Laksmi can claim the share on new property?


Adv. K.S.A.Narasimha Rao ( )     11 January 2011

Dear Tarun,

IF you can establish the evidence that Father alienated the assets acquired from GF and utlisied the same funds was used for the new property in the name of Father. Then Lakshmi can also claim the property in the name of Father for partition.

Abhishek Sharma (LAWYER STUDENT)     11 February 2011

Dear Narsimha,


if the father sale to the new floor to his wife with same funds and make a sale deed to mother, on that case lakshmi also claim the her share on new floor?



Adv. K.S.A.Narasimha Rao ( )     11 February 2011

Dear Abhisheck sharma

Can u rephrase ur comment with clarity, so that i can reply you appropriately.

Abhishek Sharma (LAWYER STUDENT)     11 February 2011

sorry my mistake,

my query is:

if the father purchase a new floor with same funds and sale to his wife's name & make a sale deed to his wife. on that case lakshmi can claim on new floor for her share?


Adv. K.S.A.Narasimha Rao ( )     11 February 2011

Dear Abhishek Sharma,

Actually i could not clarity in your question and hope that you Querry might be this

"If Father Construct a Floor with his own funds on the existing house property acquired from GF and sell such constructed floor to his wife. In such an event whether daughter will have share in it.

Even though Father constructs a new floor with his own funds on the exiting house acquired from GF and sells such constructed floor to his wife or any person, in such an event, the father shall have to join other co-owners of the property in the said execution of Sale, if he failed to join other co-owners in the execution of Sale then such sale transaction is invalid.

If such sale is out of knowledge of other co-owners, then they can file a suit for cancellation of sale transanction made by him before the Civil Court.    



pradeep (na)     19 March 2011

Respected Advocates,

My query is also very much similar as follows:  My Father-in-Law  aquired agricultural land in seventies near a town in Chhattisgarh. Now that land is within city limits and has much value. He has 3 sons and 2 doughters. Doughters got married after 1984. Now he want to sell it for constructing houses elsewhere in the city  for his sons only. Can doughters claim shares in this property,

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