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Subramani (Farmer)     29 April 2024

Is the daughter's marriage expense considered part of her share in the property?

Father provided money to his first wife's daughter for her marriage expenses. He took a release deed stating that he is giving Rs. 3,000 for the marriage expenses.  It states, "I requested you to organize my marriage. You gave me Rs. 3,000 for my marriage expenses. I am waiving my rights to your immovable and movable assets at your request, due to your concerns that I might make a claim. I'm taking nothing more than the money of Rs. 3,000 from you." The release deed does not detail any property specifics or the daughter's share in the father's self-earned or ancestral property. Poorly written and registered.

The father passed away intestate, and the daughter is claiming back her property rights. Can the marriage expenses, for which the father obtained a release deed, be considered valid? Can she challenge it under the Hindu Adoption and Maintenance Act or any other legislation? Is this release deed strong enough to hold up in court to remove her rights to the property?



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 5 Replies

P. Venu (Advocate)     29 April 2024

The so-called release deed cannot deprive her rightful claim as legal heir to the interstate properties of her late father. 

T. Kalaiselvan, Advocate (Advocate)     29 April 2024

The registered  release deed is limited to the properties mentioned as schedule of properties in the release deed. 

If there was no property mentioned in the release deed then there is no point in claiming a blanket relinquishment towards other properties of her father who is reported to have died intestae.

In fact her father has not divested or alienated any property during  his lifetime.

Besides, it is the duty of the father of the daughter to bear the expenses towards her marriage and it cannot be said to have compensated her with her property rights. 

Now her father is reported to have died intstate hence succession ot his property has opened, therefore as one of his legal heirs she is entitled to her legitimate share in the property as a right. 

She can file a suit for partition if her siblings deny her rights in the property. 

Subramani (Farmer)     30 April 2024

Ok sir. Then what is the use of getting the release deed and got it registered in the office on a stamp paper? The daughter's marriage is also paid for by the father's earnings only. Schedule of properties was not mentioned for two reasons. Father had a large portion of land. Also, if he buys in the future, then he does not want the risk of a claim from his daughter from his first wife. Because he was living with his second wife and the children of the second marriage. 

T. Kalaiselvan, Advocate (Advocate)     01 May 2024

It is the duty of the father to bring up his children, give them education, get their girl children married off and take care of the higher education expenses of the son or daughter.

All these form part of the duty of the father which he cannot refuse or deny.

By just getting a release deed in this regard for having spent for his daughter's marriage, the father cannot deprive his daughter of her legitimate share in the properties.

Moreover he was not prevented from mentioning the properties to which she had relinquished her rights.

You yourself has stated that he was in the idea of adding some more properties as his assets at a later stage, therefore which  schedule of property that she relinquished her rights through the said release deed..

Besides your father did not alienate any property nor made any arrangement towards the properties on his name for transferring them either testamentary disposition or by settlement deed in anyone's favor during his lieftime, therefore as per law he is reported to have died intestate .

In the given circumstances his daughter becomes one of the successors in interest to succeed to his estates at par with other class I legal heirs, therefore you cannot object or deny her rightful share in the properties.

P. Venu (Advocate)     02 May 2024

Originally posted by : Subramani

Ok sir. Then what is the use of getting the release deed and got it registered in the office on a stamp paper? The daughter's marriage is also paid for by the father's earnings only. Schedule of properties was not mentioned for two reasons. Father had a large portion of land. Also, if he buys in the future, then he does not want the risk of a claim from his daughter from his first wife. Because he was living with his second wife and the children of the second marriage. 

Admittedly, the query has been posted to ascertain the means to deprive the daughter of her lawful. This platform is not meant to provide suggestions to deceive the innocent.

 


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