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Pradeep (na)     03 September 2010

Property rights of daughters

My Father has given ample amount of gift and propety to my two sisters. Now my Dad wants to give the only house to me (I am the only son).

My dad is worried if my sisters would create problems by filing litigations if the house is given only to me.

If my dad wish to give that house only to me what are the processes which will not cause any litigations?

THANK YOU,

Pradeep



Learning

 7 Replies

Deekshitulu.V.S.R (B.Sc, B.L)     03 September 2010

Mr Pradeep

If the property is the self acquired property of your father, then he can gift it to you. But if the same is ancestral or one purchased with the aid of ancestral, nucleus, then your sisteres though maried or not will get a share. Pl refer to the latest amendment brought to the Hindu Succession ACt, by the central Govt during 2005

Arvind Singh Chauhan (advocate)     03 September 2010

I concur with above opinion.

R.Ranganathan (Advocate)     05 September 2010

You have not stated whether the house is your father's self acquired property. If yes then he can settle it on you and nobody can claim any right over it.

m.kupparaju (Advocate)     08 September 2010

Mr.Pradeep,

My fraternity friend Mr.Deeksh*tulu has clearly explained, if it is ancestral property, as per the recent amendment to Hindu succession Act 1956, in the year 2005, your sisters will also be having absolute equal right in the property as co-parcerners by birth as like male members in the family.

ND (GM)     08 September 2010

My father in law has expired in dec 2010. He has only flat in chembur, where he was staying with hs son and his family. This flat is on my father in law's name. Now my sister in laws are claiming their equla share in this residential property. can they claim? if yes is it eqaul? They are saying that we have to sale this flat and to give their share. Can they do so? As we do not have any other residential property than this. please guide

R.Ranganathan (Advocate)     08 September 2010

This thread was started by Mr. Pradeep. He said "my father ..........." Experts answered him. Now Mr. ND is saying that my father in law has expired ...............". Does this two things mean the same. Are both of you different. Anyway I agree with what Mr. Deeksh*tulu has already said. 

Pradeep (na)     10 September 2010

Thanks for all the replies.....

My father's house 100% self acquired and not ancestral property....THANKS Again !


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