LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

romendro (businees)     19 August 2014

Property share issue

My father do a registered gift deed(property) to my mother(2nd Wife) on 2006.My mother died on nov 2011.My mother leave 1 daughter and 3 son.Now my father  want to divide the property in 1/5.Even my Sister do like to have her property share(My sister is already married having 2 son with 4 to 5 yr old) .Now 2 of us(elder and younger) brother opposed to divide the property in 1/5th share. We 2 brother want in 1/3th share. Can you please give us a LEGAL advice(my father has 1 daughter from 1st wife,1 daughter and 3 son from 2nd wife,none from 3rd wife).



 6 Replies

Kumar Doab (FIN)     19 August 2014

It is believed that deceased was Hindu and Hindu Succession Laws shall apply.

It is also believed that your father married second time after death of first wife, and third time after death of second wife.

If it was self acquired property of the deceased father then he could give it away in his life time to any one by gift/sale deed etc…………………

After the gift the lady (Mother) has become absolute owner of the property.

 

If she has not left any WILL then the property shall devolve upon her ClassI legal heir first……………..i.e. sons and daughters and the husband………………………

However you may consult a local lawyer dealing in such/revenue matters with all docs on record. 

romendro (businees)     20 August 2014

Is it true that since my father(husband) has registered gifted his property to wife(my mother who is 2nd wife),my father(husband) will not own any property right . And the property will be share among 3 son and 1 daughter.(if the property was gifted from mother father(i.e grandfather)  to my mother i have heard that it will be share among... sons and daughters and the husband..,but since the land has been transferred from husband (not mother father i.e grandfather) to wife i have heard tat it will be shared among son ...not father)

romendro (businees)     20 August 2014

please make a correction if it is wrong


Attached File : 515218629 property share issue.jpg downloaded: 73 times

Kumar Doab (FIN)     21 August 2014

As per Hindu Succession Laws:

 

----If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters

 

----If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters

 

Approach an able lawyer with copies of all docs on record in person, understand the merits and proceed under the expert guidance of your lawyer.

romendro (businees)     22 August 2014

So if the HUSBAND gifted(registerd gift deed) his property(inherited) to WIFE,then his wife(leaving 3 son and 1 daughter) got dead...How will the property get share?
Thanking in advance?

Kumar Doab (FIN)     22 August 2014

LAST POST:

 

Visit a lawyer dealing in such/revenue/civil matters in person with all docs on record , and share the facts.....................................

The lawyer that has examined all docs on record can guide you further.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register