Hello,

Under hindu succession a daughter can claim right in coparcenary property. Both ancestral and self-acquired property can be a coparcenary property. While in case of ancestral property, it is equally shared by all members of the coparcenary, in case of self-acquired, the person is free to manage the property according to his own will. Therefore if it is a self aquired property and the transfer to your brother is according to will or gift deed then your claim will have no validity.

Please note that the present opinion/response/reply is in view of the limited facts put forth by you and shall not be deemed to be absolute/exhaustive and is only preliminary in nature.

Regards

1) is it self acquired property of father ?

2) if so he can execute gift deed transferring property to his sons

3) daughters consent is not required

if it is ancestral property then father cannot transfer or settle the properties in such manner. according to amendment of 2005, daughter has accrued right in the ancestral property and this right cannot be curtailed by father by making a Will or settlement or transfer or sale of property. in this condition you may file a petition before the civil court for cancellation of these transfer deeds.

if it is father's self acquired property then father has absolute right to settle it or transfer it to any person. you cannot interfere therein. if such transfer was influenced by your brothers or your father was not fit state of mind to give free consent then you can challenge the legality of such transfer.

A person can transfer his self earned property to any one even beyond his family. Therefore in case your father wants to give the property to his sons only, sisters can not compel him not to do so. Your father need not to have consent of any body. If the property is being transferred by way of gift, it should be registered and also get the property mutated in your name on the basis of that gift during the lifetime of your father. A gift deed can be challenged after the death of donee on ground of fraud, coercion, undue influence etc.

The property owned by the father is his own property.

He is the only person who can decide about the disposal of his properties.

He can transfer the property to anyone of his choice and in any manner he may desire or decide.

He need not consult or take NOC for this from his daughter or son.

Hence as per law he need not inform his daughter about this.

1. If it is the Self acquired property of your father, then your father is well within his rights to have transferred the property to your brothers.

2. If it were to be Ancestral Property then you were entitled to equal share in the property and the transfer of property to only your brothers can be challenged in Court.