kindly clarify whether gift deed was duly stamped and registered?
2) if it is not registered it is in admissible in evidence
3) the conditional gift deed would be valid if it was duly stamped and regsitered
Provisions in Hindu Succession to safeguard right of female child
Mr X, in the year 1903 divided his property into three parts and gifted to his three grandchildren A, B and C with a condition that if they don't bear a male child, then the property should be given back to other two brothers. Mr. A did not bear any male children and has two daughters D & E. D&E are possession of the property. However, grandson of B (who is B's son's son) has now filed an inventory proceedings against Mr. A and is asking D & E to surrender the property to him. I am the son of D. I would like to know if there is any provision in the law (maybe Hindu Succession Act) which safegourds the interest of female children from such conditional gift deeds which are discriminating the riight of girl child.
Asked 8 years ago in Property Law
Religion: Hindu
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5 Answers
Yes, the gift deed was stamped & registered during the Portuguese rule. However, you have not answered my question whether there is any provision in the law to safeguard the rights of a female child. Can she be denied property just because she is a female? Do you suggest that my mother will have to give up the possession of the property?
Asked 8 years ago
if gift deed is stamped and registered it is admissible in evidence .
2) if gift deed provides that female would not have share in property gifted it would be valid
3) your mother can claim benefit of adverse possession as defence as she has been in possession of the property for over 12 years
If the gift deed was a conditional gift deed then the transfer of title was was contingent on the compliance of the conditions precedent to the transfer of title i.e the donee should bear a male child. If the condition could not be complied with the legal heirs of Mr.X can file a suit for declaration of title and recovery of possession. This being said, the gift deed has to be perused threadbare to form a concrete opinion.
As per the Goa Succession, Special Notaries and Inventory
Proceeding Act, 2008.
Section 367. Mandatory Inventory, - When a person
dies leaving a surviving spouse or an heir, any
one of whom is an interdict, absent person,
unknown, or minor, inheritance shall be 15
partitioned, by instituting inventory proceeding
only, which shall be called mandatory Inventory
proceeding.
368. Optional Inventory.- Where the
interested parties do not fall in any of the 20
categories mentioned in section 367, the parties
may institute inventory proceeding to partition
the inheritance, which shall be called as optional
inventory proceeding.
370. Inventory where a party dies after
allotment in Inventory proceeding which were
finally disposed of. - Where, after the partition
is effected in any inventory, any interested party
dies leaving no assets other than those that have 5
been allotted in the inventory, such inheritance
shall be partitioned in the same inventory
proceeding that was finally disposed. The person
to whom the office of head of family belongs shall
take oath of office and the procedure set out 10
hereafter shall be applicable.
The gift or partition deed need to be ade absolute and not with predictable conditions to make it enforceable.
If the surviving legal heir is preferring a suit for optional inventory claiming partition and a share in it, then it has to be challenged based on the merits in the side o the parties holding possession of properties.
How the parties taken possession and the basis have not been narrated hence the challenge for partition by inventory proceedings may be maintainable if reasons are established.
Alternately an out of court settlement may be initiated to avoid more complications or crisis.
Yes, the gift deed was stamped & registered during the Portuguese rule. However, you have not answered my question whether there is any provision in the law to safeguard the rights of a female child. Can she be denied property just because she is a female? Do you suggest that my mother will have to give up the possession of the property?
The Hindu Succession act may not be applicable to this position especially when the partition is reported to have been made before 1956.