• Daughter's property right

My daughter was married during the year 1975 and now she is widow. I have already given her one house plot to her during the year 2013. Now she is filed a case to get share of another house sight which was given to my two sons during Nov2014. Both the above properties are my own earned.
Asked 3 years ago in Family Law from Guntakal, Andhra Pradesh
Religion: Hindu
Neither son nor daughter has right of share in the self acquired property of father.
So the suit filed by your daughter has no merit and you need not worry of this.
However since it is a family dispute I would advise you to settle the same amicably.
Devajyoti Barman
Advocate, Kolkata
11982 Answers
153 Consultations

5.0 on 5.0

1) Neither your widowed daughter our your sons have any rights in your property you self- acquired. You have every right to dispose it of as you wish.
2) The suit filed by your daughter will easily get dismissed. You need to get a lawyer to file an appropriate written statement to defend your case in the court.
S J Mathew
Advocate, Mumbai
2225 Answers
109 Consultations

5.0 on 5.0

Hi, if the property was self acquired then your daughter has no right to claim the property and you have to contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4463 Answers
202 Consultations

4.3 on 5.0

1. Children do not have any share in the self acquired property of their parents. Neither your daughter nor your sons can claim any share therein during your life time. You can make a will and give your property to your sons. 

2. Since you have already given your self acquired property to your sons she has no right to question the transfer of property. Contest her case on merits by filing your reply on the date appointed for hearing. She has no legs to stand on in the court.
Ashish Davessar
Advocate, Jaipur
22950 Answers
623 Consultations

5.0 on 5.0

1)during your lifetime neither son nor daughter have any right in your self acquired property 

2) you must have executed gift deed in favour of your son for transfer of property in their name . once gift deed is executed you cease to be owner of the said property

3) suit filed by your daughter will be dismissed . file your written statement in court mentioning that it   was your self acquired property and that you had transferred in favour of your sons out of your own free will
Ajay Sethi
Advocate, Mumbai
42745 Answers
2468 Consultations

5.0 on 5.0

1. Neither your daughter nor your sons have any right on your properties during your lifetime,

2. Your daughter has no merit in the case she has filed,

3. Contest the case filed by her fittingly which is expected to be rejected by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
17595 Answers
431 Consultations

5.0 on 5.0

She will not be entitled to get any share from your self acquired property. 
You are the absolute owner of the property ao no need to worry her case will be dismissed if you proved that the properties are your self acquired.
Nadeem Qureshi
Advocate, New Delhi
4706 Answers
215 Consultations

4.9 on 5.0

No children’s can claim right over self acquired property of father or mother. Your daughter’s case has no merit and  it will definitely dismiss the court at the time of end of the case trail.
Ajay N S
Advocate, Ernakulam
2721 Answers
43 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer