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Deepak Chitnis (Chief Compliance Officer)     20 August 2017

Succession right to married daughters

A father had self acquired flat in Mumbai.After his death the flat was transferred in Monther's(spouse's)  name. Before her death mother executed gift deed and gifted the property to son by paying tax and registration charges etc, who is married with no prop in Mumbai or elsewhere. Father never made will and died intestate. There are two married daughters staying in Mumbai with spouses who have their own flats. 

Q1. Is the gift made by mother to son valid gift? 

Q2. Do married daughters have right to share  in father's property? 

Thanks and await guidance

 



Learning

 23 Replies

Bhupinder Pal Singh   20 August 2017

This Gift Deed is null and void because of both daughters and morher having equal right on property to that mother never give property in gift

Advocate Bhartesh goyal (advocate)     20 August 2017

Mother had no right to gift the self acqired property of her husband who died intestated.After demise of father,his wife,son and daghters have equal right and share on the self acquired property of father.Gift deed executed by mother is not valid deed in eye of law and void ab in�tio.

Advocate Bhartesh goyal (advocate)     20 August 2017

Mother had no right to gift the self acqired property of her husband who died intestated.After demise of father,his wife,son and daghters have equal right and share on the self acquired property of father.Gift deed executed by mother is not valid deed in eye of law and void ab in�tio.

Advocate Bhartesh goyal (advocate)     20 August 2017

Mother had no right to gift the self acqired property of her husband who died intestated.After demise of father,his wife,son and daghters have equal right and share on the self acquired property of father.Gift deed executed by mother is not valid deed in eye of law and void ab in�tio.

Kumar Doab (FIN)     20 August 2017

It is believed that are concerned all Hindu.

You have not posted: By which valid/registered deed the flat was transferred in the name of Mother (Wife of deceased owner-husband) alone; say valid WILL/release/transfer/relinquishment/gift/sale deed……………..LOA?

Kumar Doab (FIN)     20 August 2017

If it was valid WILL then was it probated? Was wife Nominee in Co-op housing society? Nominee is mere trustee and nomination is not a parallel route to succession? Confirm on above!

Kumar Doab (FIN)     20 August 2017

In case of Hindu male the 1st right is of ClassI legal heirs’ i.e; Mother (If alive as on date of death), Wife (If alive as on date of death), sons, daughters.........  

 

If NO valid valid/registered deed was involved in transfer to tile in the name of in the name of Mother alone, then mother was not sole owner/tile holder and thus had NO right to sign gift deed to dispose the full flat by gift deed.

 

Deepak Chitnis (Chief Compliance Officer)     20 August 2017

Wife was nominee in society and therefore the shares in society were transferred in her name.

if the property was rented property , which subsequently converted in to ownership will it amount to self acquired property by father. And will all occupants of the property including married daughters will have equal right in the property? 

Deepak Chitnis (Chief Compliance Officer)     20 August 2017

Wife was nominee in society and therefore the shares in society were transferred in her name.

if the property were rented property , which subsequently converted in to ownership will it amount to self acquired property by father. And will all occupants of the property including married daughters ( One of them having married before society was formed )  will have equal right in the property? 

Does married daughter relinquish tenancy right in property? Can she claim property right if tenenacy right is subsequently converted in to ownership? 

Deepak Chitnis (Chief Compliance Officer)     20 August 2017

Wife was nominee in society and therefore the shares in society were transferred in her name.

if the property was rented property , which subsequently converted in to ownership will it amount to self acquired property by father. And will all occupants of the property including married daughters will have equal right in the property? 

Kumar Doab (FIN)     20 August 2017

You have not confirmed if all concerned are Hindu?

Kumar Doab (FIN)     20 August 2017

Did all legal heirs sign on the deed alongwith Mother?

Siddharth Srivastava (Advocate)     20 August 2017

If the father has expired after September 2005 and Since there is no WILL hence property is liable to be inherited by all legal heirs including daughters. Mother has no right to gift the propert nor the property liable to be transferred to mother. Challenge the gift and claim your share in property. Sidharth 9811776422

Deepak Chitnis (Chief Compliance Officer)     21 August 2017

All parties are Hindus.


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