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AMIT AGARWAL   22 February 2024

Property claim

Ram is survived by his parents ( father & mother ) and has two siblings. Shyam ( Younger brother of Ram ) and Sita ( Elder sister of Ram ).

Sita left home(including parents) during 2009 at an age of 19 and married a guy from another caste of her choice. Parents were not in favour but sita refused to listen to parents and ran away from the house.

After 15 years now  sita is survived by one daughter and divorced from her husband.

Sita's parents and her brothers are not interest to accept sita anymore and rather doesn't want to give any share to sita in the property in the name of father & mother.

However from some sources Ram came to know that sita could cliam the property in future.


What should Ram & Shyam do legally to protect the property from Sita ?


Note: Parents are with Ram & Shayam.


 5 Replies

Shashi Dhara   22 February 2024

If it is self acquired they can gift it to childrens or can write will infaovur of childrens, if it ancestral they  can defend in court and can drag for 25years.

kavksatyanarayana (subregistrar/supdt.(retired))     22 February 2024

If the property is ancestral, Sita has a share legally.  And it is self acquired property of mother and father, then the parents can execute a Gift deed or a Will in favour of the sons ignoring Sita.

T. Kalaiselvan, Advocate (Advocate)     22 February 2024

There's no question of any children claiming a share out of their parents' properties as a right during the lifetime of their parents. 

The parent who is the absolute owner of the property can decide to transfer his or her property in favor of any one or all their children by executing a registered settlement deed or gift deed or by a registered Will ( though it is not mandatory to register the Will).

Thus no child can claim any share out of the parents property as a right during their lifetime. 

SHIVKUMAR AGNIHOTRI   23 February 2024

well explained

T. Kalaiselvan, Advocate (Advocate)     24 February 2024

Thank you for your understanding and endorsing the views of the experts.

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