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Srinivas (Partner)     08 July 2017

Female property

FYI :ACT NO. 13 OF 1986 An act to amend the Hindu Succession Act, 1956 in its application to the sate of Andhra Pradesh.

1980 > A father gifted a part of his ancestral property (PLOT P) to daughter D. D has 5 daughters & 1 son.

2012 > D gifted (PLOT P) to her only Son. 

QUESTION: Daughters of D has any right in the gifted property (PLOT P) IN THE STATE OF ANDHRA PRADESH.

 

 

 



Learning

 10 Replies

Raveena Kataria (Advocate )     08 July 2017

Well, what I may put here could be controversial for some. But rest assured, it can be verified. As per what I recently uncovered, the implications post the 2005 HSA amendment (which would also be applicable to the state of Andhra Pradesh, kindly note) would be:

Only daughters would be coparceners in the ancestral properties of both the mother and the father. (In spite of section 14 in HSA, yes.) That means, the daughters would be entitled to a share in their maternal grandfather's property, unlike the son who is only entitled to a share in his paternal grandfather's property.

Daughters can thus object to the gift deed in the court and demand their shares in this case. Will cite cases soon!

Akash Upadhyay   08 July 2017

no the daughters have no right in the gifted property. because the property which was gifted to the son was given from the Stridhan of D and just because the property is Stridhan she can dispose, enjoy or convey it to anybody without any further requisites of any others

Raveena Kataria (Advocate )     08 July 2017

Please give me till Monday. I will do my best to get you the citings and verify what I said above.

jyotirmaya behera (advocate)     09 July 2017

After gifted the property to the son, other person have no right even if they are other son/ daughter. If they one object to that gift or file any objection to that deed that can be cancelled. For that you have to file objection in sub-registration office.

One more query   whether the mother is alive or not?

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9132319262

Kumar Doab (FIN)     09 July 2017

Git can not be canceled without express consent of both Donor and Donee.

Court can revoke the gift on valid grounds and on merits.

Kumar Doab (FIN)     10 July 2017

Anyone does not need any signal, clearance, or anything of anykind from@PSD to post at LCI.

Our posts are truely to help the querist and readers, as always and not to incur any altercation.

 

Local counsel that has examined all docs on record can advise the best and further.  

Srinivas (Partner)     12 July 2017

Madam what is your final opinion? Pls reply.

 

Many Thanks.

shrenik (lawyer)     12 July 2017

Daughters of d have right in fathers property. Daughter can get stay imediately on property

Kumar Doab (FIN)     13 July 2017

You may think upon inputs from Mr. Shrenik, also.


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