• Inherited property distribution

I am a 35yrs old married, non working lady with a daughter. My father's father had a property in his own firms name. He sold it to his son, my uncle ( just to avoid gifting). My uncle & my father shared it equally & created seperate deed fr their share. This was 30yrs back. This year my father sold his share to a promoter & got money & flats against that. He bought another flat with the money, whch he is registering in his, my moms & my brother name. My question is: 1. Can this property be told inherited. 2. If inherited can he sale & give share to only his son depriving his daughter 3. If it falls under not- inheritated then can I claim share?
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

You cannot claim a share in this property.

This property is/was your father's self acquired property and he had full right to dispose off the same in any manner as per his wish, he being its absolute owner.

You cannot stake a claim in any of his self acquired property during his lifetime.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

As it was purchased by your uncle and dad it became self acquired property and again he sold it and purchased another which again became is self acquired property. So if he do not want to give it to you then you cannot claim it.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Hi,

This property can't be told inherited. In case of self acquired property, you may not claim any thing, but the same is not applicable for inherited property.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. No this property is neither ancestral nor inherited.

2. This is self acquired property he can dispose same on his will.

3.You don't have any claim over the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) it is inherited property

2) father can sell and give share to son only

3) you have no share in said property

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

a married daughter have rights on her father’s property as according to the Hindu Succession (Amendment) Act, 2005.

In 2005, the Supreme Court had passed a landmark amendment to the Hindu Succession Act of 1956 as the Hindu Succession (Amendment) Act, 2005, granting daughters the right to inherit ancestral property along with their male relatives. But a daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Not inherited but settlement between uncle and father.

Property being his personal property, can be sell to any of his choice, no right of daughter.

No claim, in his life time and only after his intestate death. .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is the share of proeprty inherited by you your father out of his father's property.

It becomes his own and absolute property.

As he is the absolute owner of the proeprty with clear and marketable title to it, he can dispose this proeprty in any manner he may desire and decide.

Nobody, including your mother or your brother or you can claim any share in the property as a right.

Thus you cannot restrict him from transferring his share of property to anyone of his choice legally.

He need not obtain our consent or permission for this act since your do not have any rights in it.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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