Upgrad LLM

daughter's share on father's self earned property

private employee

 

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
 
Reply   
 
Legal Practioner

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.

 
Reply   
 


private employee

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

Regards,

Govardhan J

 

 
Reply   
 
Legal Practioner

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. 

 
Reply   
 
advocate

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.

 
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private employee

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

 
Reply   
 
private employee

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

 
Reply   
 

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

 
Reply   
 
private employee

I am hindu

 
Reply   
 
Advocate

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.

 
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