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Anand Christopher (HR Executive)     10 July 2008

Division of property between children

Can a person who has self-acquired property (bought out of his own earnings) divide this property between only some of his children, while not leaving any portion to other children of his? Can these children, who have not been given any portion of this property, make a legal claim to the same?


 4 Replies

Santosh Kumar Dhondekar (LEGAL OFFICER )     10 July 2008

Dear Anand,

Your question is not  very obvious. A person having a self-earned property can distribute/gift to any of the children and the other children cannot make a legal claim for their share in such property as per Hindu Law. 

Guest (n/a)     10 July 2008

I am sekhar  from andhra Pradesh( age is 42 ). My father is alive, retired engineer, but not in good mental condition(Algimiers). My mother aged sixty died in april. All the property is in her name 2 acers land and  house. we are 2 brothers and one sister. my sister was married 20 years ago(1986). At the time of marriage she has given her share in money form (no evidence). While my mother’s health is critical condition she agreed to register the property. we got copy from a notary for will. Due to sudden change in her health (no time for registration) she signed on the will (computer printout, not stamp paper) . 2 pages of will one signed properly and one signed partially (second page). we have taken additional copies with finger prints. i.e one set with signatures and one set with finger prints. In the will matter is "my daughter is married, she was given as per our family tradition at the time of marriage, all the remaining property is for my two sons”. If my sister goes for court for her share in the property, how strong is our position and what is the value of signed computer printout, and finger printed will.

Guest (n/a)     12 July 2008

I am Bhama from Chennai. I belong to Hindu. My father expired in 1994 and I have a brother and sister (That makes it  to 2 daughters and 1 son to my parents). My mother is alive. I got married in 1987 and my sister got married in 1988. I think our family is referred to as 'Hindu Undivided Family (HUF)'. My brother is also married. Our father left us no will. Though I'm married, I enjoy no property from my husband's side also. I want to know what is my share in the property.

shamit sanyal (advocate)     13 July 2008

dint get the entire question properly.

Any way if the will is not entirely hand written then witness's signature is required.

consult an advocate in the area ,eligible  you can file a probate case(for chandra)

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