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Govardhan (private employee)     12 May 2009

Daughter's share on father's self earned property

 

Dear all,
I am govardhan, leaving in Hyderabad working in a private concern. In my family, we are two sons and two daughters to my parents. We are having an independent house property. It is my father's self earned property and it has registered on my mother's name, my mother was passed away long back when i was 9 years old. The property is still on my mother’s name only.
At present my father myself my brother, my two sisters are there. We all are married and I am the younger one in my family.
 My quarries are:
1.        Can we register this said property on my fathers name or on both my brother and my names with equally shares?
2.         Whether my two sisters or their children can have any right on this property.
Please kindly reply to me.
Awaiting for your kind response.
Regards,
Govardhan J


Learning

 15 Replies

Manasi Save (Legal Practioner)     12 May 2009

In ur case, as mentioned it is ur father's self acquired property, hence ur father is the sole owner and possesor of the property. U can get the property transferred in ur father's name. but whether it can bear  brother's name along with equal shares totally depends upon ur sole desire of ur father. Legally speaking  thereafter it totally will be ur father's choice whom he wants to bestow his property upon.  As it stands in the definition of self acquired property  children cannot claim any birth right (coparcenary right) in the self acquired property.

Govardhan (private employee)     12 May 2009

Thank you for your kind reply. Whether grandson's (Daughter son) can have any right on their grand father's  property?

Regards,

Govardhan J

 

Manasi Save (Legal Practioner)     12 May 2009

In ur case as mentioned it is a self acquired property the grandson cannot have any birth (coparcenary right) as again put is will totally depend upon the sole desire of ur father to bestow any right on them or not. 

n.k.sarin (advocate)     12 May 2009

Mr Goverdhan,IF the sale deed of the said proprty is registered in the name of your deceased mother your deceased mother is exclusive owner of the said property.After the death of your mother proprty will go equally to all the heirs of your deceased mother including your sister.

Govardhan (private employee)     13 May 2009

Dear sir,

I am just confused with the different opinions from you and Mr.Save. Please give a clear clarification in this regard.

Regards,

Govardhan J

Govardhan (private employee)     13 May 2009

Dear sir,

I am just confused with the different opinions from you and Mr.N.K.Sarin. please can I have  a clear clarification in this regard.

Regards,

Govardhan J

Swami Sadashiva Brahmendra Sar (Nil)     13 May 2009

Mr. sarin's reply is clear and correct. however u should mention your religion also. law is diferent for diferent religioons.

Govardhan (private employee)     13 May 2009

I am hindu

Prabhat Kumar (Advocate)     13 May 2009

Since your mother is the registered owner of the property, after her death the property will be divided equally among all her legal heirs, including her daughters.

On the basis of the death certificate of your mother, your father can apply for mutation in his exclusive name or along with you two brothers and the same can be registered, provided your 2 sisters relinquished their share in your favour.

Manasi Save (Legal Practioner)     14 May 2009

I agree with Mr Prabhat Kumar his reply is quite accurate, But if the mutation stands exclusively in ur father's name then it will be a self acquired property of ur father.

V.S.R.Deekshitulu (B.Sc, B.L)     17 May 2009

When ones the property is in the name of the female member, it is always to be presumed that it is her self acquired property.  When she is dead intestate, the property is to be equally divided between the husband(Father in your case) and the children(See. Sec. 15 of Hindu succession ACt). Unless the other sharers relinquish theri share in the name of your father, even if mutation is done otherwise in his name it is not of any use and do not destroy the rights of the sharers. It will be an expensive proposition(Stamp duty & Registration). Aletnatively you can go for a partition of the propert, if the property is partible. If not let oe or two of the sharers take the entire property, and they will pay the value for the others according to the share value of the property.  I find from your question that since the property is only a house it is not partible equally and is better that the suggestion given by me above will be good proposition

sanjay singh thakur (advocate)     19 May 2009

Dear Goverdhan

Your queries has rightly been replied by Mr. N.K.Sarin and Mr. V.S.R.

Abhishek (Advocate)     10 June 2009

If the sisters are married the right in the proeprty is taken away as per the Hindu Seccession Act. Instead of registering the property in father's name, register it in your father's name & also you and your brother shall be the parties to the deed as the property is in the name of your mother.

 

ashoksaini (advocate)     07 August 2009

 Mr Goverdhan , your question has been accuratly replied by Mr N.K Sharin


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