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Roven Fernandes   03 April 2017

Son benefits over daughter

My in-laws ( both living and under 65years) have transferred a previously inherited plot via gift deed in 2012 to their son.  Todate Market valuation is Rs 1.12 crore as per classifieds.  The deed states that property is valued at Rs 8 lakh. My wife has received a sum of Rs 10 lakh at same time. I am from Goa and possibly Portuguese civil code shall be used to determine the issue

I believe that I have been shortchanged.  Despite the appreciation in property prices since 2012,  I think market value of same plot around 2012 would be Rs 70,000/-.  The new owners have broken down existing house and constructed new bungalow.  Hence the value of the entire project (bungalow with plot) has arisen to 2.4 cr.

My wife has not received any streedhan.  .  Hence total received is approx. 19 lakh.

My in-laws also have a self acquired apartment of Rs 9 lakh.  They were gifted with two daughters and lone son whom they seek to endow.

Kindly advise regd foll.

  1. Does the law permit discrimination be carried out between male and female offspring.  It is plainly clear that the family has.  Could a PIL be filed to ensure that daughter/wife parents are constrained to involve in-laws during property division since daughters family are constrained by law from seeking a legitimate share?
  2. What should my family receive?  Self is seeking legal remedy despite no support from wife for sake of 3 kids.  What are the pros and cons?.  I believe I stand to gain additional Rs 30 lakh to 1 crore.
  3. Local advocates(2) advise against legal proceedings since the in-laws are still living? Advise to await until demise of either parent at which time inventory proceedings can be carried out. However I have learnt that there is a 30 year limit to contest any deed.


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 1 Replies

Kishor Mehta (CEO)     04 April 2017

Sir, Primarily you don't have any right to demand anything let alone a share in the self earned property of your in-laws during their lifetime. Secondly they have all the right to distribute their property absolutely as per their will and /or wish. Matter of discrimination is out of the context. Further inheritance rights are with their children and you do not figure in it. Good luck, Kishor Mehta

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