• 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 7 years ago in Property Law
Religion: Hindu

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5 Answers

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

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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