Nagendra*** (Manager) 03 January 2013

Property distribution

My Uncle has self acquired Double storied house. He has 2 Daughters. He has given the First floor to the elder daughter(married) and promised to give the ground floor to his younger daughter during her marriage. After the marraige of the younger daughter, he has changed his stance and saying that he will not give the said property to the younger one.

I would like to ask the learned lawyers of this forum, if there is any legal way to get the younger daughters share of the house?

Can my uncle dispose the house with out the consent of his daughters?
Is it leagally possile for him to give the entire house to her Sister (Elder daughter of my uncle)?

Thanks in Advance !!

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4 Replies

Advocate M.Bhadra 03 January 2013

During life time of your uncle your sisters( uncle's daughers) can not claim and your uncle can gift entire house to his elder daughter if he like to do so. However if your uncle died and left his property without making any WILL then your two sisters shall have equal share over the property.(excluding the half portion he has already execute a Gift Deed in the name of his elder daughter).

Advocate Vishnu (Advocate) 03 January 2013

Since it your uncles self acquired property, the younger daughter cannot stake any claim on the said property.

Laya (abc) 03 January 2013

In case the property was not self acquired but ancestral, would the younge daughter be able to claim it while her father is still alive?

Advocate Vishnu (Advocate) 04 January 2013

yes.. younger daughter has a rightful share in the ancestral property . Since there are three legal heirs, younger daughter is entitled to 1/3 of the share in the entire property. Pl file a partition suit to this effect and you will succeed.