Srinath Reddy (No) 13 December 2009

Need help

Hi,

My dad has a property in his name( acquired by his own funds) which he was planning to gift me earlier and now he was saying he will make a will to get into my name. I am not sure which will be easy and better.

I have got a sister and i dunno how she will react when she get to know about this because my dad won;t discuss this with her. I want to know whether she can challenge me if either of above mentioned ways of getting me the property and which will be better to go ? If there is any legal loops in gift deed/ will please help me to understand it better.

Actually we are planing to start construction, my only issue is if there is any legal challenges then i need to think about it because construction happens only through my funds.

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 14 December 2009

This is your dad's self acquired property your sister do not have any say if he plans to give it to you. Gift will transfer the ownership of the property to you with immediate effect, while WILL shall operates after the death your father. In the given circumstances, in my opinion, your father should make a gift deed in your favour.

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N.K.Assumi (Advocate) 14 December 2009

There is a clear distinction between self acquired property and ancestral property, under the circumstances, I also agree with the suggestion given by Archana.

vikram (advocate) 14 December 2009

i need to know if daughters married prior to 1994 can have a share in self acquired propoerty of their mother in state of maharashtra.

Adv Archana Deshmukh (Practicing Advocate) 14 December 2009

Yes, daughters do have a share in self acquired property of their mother if the mother dies intestate. The 1994 maharashtra amendment to the HSA gives equal rights to the daughters in the coparcenary property and has nothing to do with the mother's self acquired property.

Srinath Reddy (No) 15 December 2009

Thanks Adv Archana.

Can my sister challenge in any of the ways like gift deed or WILL. I got to hear that Self acquired property to be very clear in my Dad's record that he had used his own funds to get this property like TAX returns and so on. Is this right ? Without this then she can challenge in court fictiously that he had used some ancestory property to get this plot. is my understanding right ?

Srinath