sister has no share in property
2) once gift deed is executed duly stamped and registered you and your brother would be absolute owners of property
Has right to claim
My mother had purchased the land 1954( self owned property). 1974 she had gifted the property to me and my brother has gifted deed and registered ,my mother is no more 2017 my sister has filled a case against me and late brother .does she have right to clam the property
Asked 7 years ago in Property Law
Religion: Hindu
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9 Answers
Dear Client,
When your mother expired ? Well, through registered gift deed, valid transfer of ownership. Sister have no claim. Further her suit barred by limitation.
No if the property was gifted through a registered deed your sister has no right and the suit is not maintainable.
- As per the information mentioned in the present query, makes it clear that the property was self acquired property of your mother, and she gifted that property to you and your brother as per registered gift deed in the year 1974.
- Now, as you have the valid gift deed and your sister is claiming right in it, doesn’t create any right in favour of your sister on the ground of being the gift deed not valid or otherwise.
- In fact, there has been well settled principle of limitation law/ act, which says that to challenge any will or gift deed is of 20 years, not beyond that, and in your case the same stands over. She can’t claim anyright in the said property now.
After gift deed executed then you and your brother are absoulte owner, you sister don't have rights to claim in said property.
As the property has been gifted to you through a registered gift deed and it is transferred in your name it is a self acquired property of your mother and this property cannot be claimed by your sister as this property to not fall in the ancestral property segment
Your sister's claim for a share is not maintainable.
Since this was your mother's self acquired property, her decision to transfer the same in favor of the person of her choice cannot be challenged.
No if the said property is self acquired she can't have a claim on it
Hi
1) Since it is your mother's property , it is her absolute property vide section 14 of Hindu Succession Act.
2) So legally your mother can do anything whatsoever she deems fit with the property and as such since she had executed a registered gift deed in favour of you and your brother, in the year 1974, the same is valid and cannot be challenged.
3) Also law of limitation will apply in your case as your sister cannot challenge the 1974 gift deed now.
4) So no need to worry at all.
5) Please ask your lawyer to file maintainability petition under law of limitation
Section 14 in The Hindu Succession Act, 1956 is enclosed for your perusal.
14. Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.
