• Property shares to married women

A plot measuring 100X80 ft is registered to wife by her husband , who have two sons married and two daughters. The above property is situated in Hosur, TamilNadu. This property was later registered to both sons after 2005, and no share was given to both married daughters. Mother and both sons cheated married daughters/sisters, since father has expired in the year 2000.
Now whether married daughters are entitled for shares in the property. It appears that after central legislation on property laws in 2005, all married daughters are eligible for equal shares from fathers property. On the basis of same analogy, whether both the married daughters are eligible for equal shares from their mother. As the property was devolved to both the sons, after 2005 , any civil suit can be filed against mother and sons requesting for equal shares.
Asked 2 months ago in Property Law from BANGALORE, Karnataka
Religion: Hindu

you can file suit to set aside gift deed executed by mother in favour of son 

 

2) claim equal share in property as it was bought by father in mother name for benefit of joint family 

 

3) seek injunction restraining sale of property by sons 

Ajay Sethi
Advocate, Mumbai
61302 Answers
3720 Consultations

5.0 on 5.0

1. If you can provide sufficient evidence that your father had indeed funded your mother for buying the property, then a civil suit can be filed against your mother and brothers by the daughters for having deprived of their rightful share.

2.  Assuming that it's the self acquired property of your mother, then she is within her right to have registered her self acquired property in her sons' favour.

3.  The analogy of Amendment to Hindu Succession Act 2005 could have been applied to the instant case, if your mother had died intestate (without executing a WILL) and had not registered her property in her sons'  favour during her lifetime.

Shashidhar S. Sastry
Advocate, Bangalore
1934 Answers
129 Consultations

5.0 on 5.0

Mother is absolute owner she have rights to transfer to any one. daughter don't have rights to claim in said property.  If the property is registered in deceased father name then daughter have equal share in property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
7067 Answers
3 Consultations

4.5 on 5.0

The property was transferred to mother by father. The mother become the sole owner of that property having the complete power of disposition over the property as par her choice and wish. The daughters in this case have no legal rights over the same.

Kallol Majumdar
Advocate, Kolkata
247 Answers
1 Consultation

5.0 on 5.0

Dear Sir,

- Mother being sole owner of the property can give it to any one as per her wish. Rest may check if the mutation is done or not. It will help you put injunction on change in title.

- You may file civil suit seeking your share and try to get injunction for any sales or transfer.

Chances seems bleak as the property is already registered however may discuss with local Lawyer with all details of case.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
302 Answers
3 Consultations

5.0 on 5.0

Dear Client,

Amendment is related to ancestral property, in personal property, daughters have equal share, 1/5th each. Partition suit will file.

Yogendra Singh Rajawat
Advocate, Jaipur
9797 Answers
8 Consultations

4.6 on 5.0

See in the facts stated by you the father bought and registered property in name of mother, mother is absolute owner of same so she can transfer same on her wish. So the deed made by her is valid and no challenge against same is maintainable, amendment in succession act is not applicable here it is not coparcenary property. 

Shubham Jhajharia
Advocate, Ahmedabad
15304 Answers
63 Consultations

5.0 on 5.0

Yes suit can be filed. They are entitled for equal shares.

Prashant Nayak
Advocate, Mumbai
8291 Answers
11 Consultations

4.8 on 5.0

  1. As per the information mentioned in the presne query, make sit clear that married daughters want to know as to whether they would get any share in the property of not.
  2. But, it has not been cleared as whether the property was anscestral one or self acquired.
  3. See, if the property was self acquired property of the father then as you said the same was given to other then to both sons then you may not get anything out of it as the same was first given to mother, and therefater, mother treated the same as her self acquired property as per law and given to sons.
  4. But yes, if the property was anscestral one then father did not have any right to give that to the mother and when that transfer was invalid as per law then subsequent transfer to sons also became invalid.
  5. And it would be treated as was nbot divided before 2005, and both married sisters would also have share in it. They should file a suit for partition and their share in the property.

Sanjay Baniwal
Advocate, South Delhi
3996 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

It is a fit case to file a partition suit seeking cancellation of registered documents in the name of sons. A mother cannot have absolute right over the property of her deceased husband. All the four children and mother having equal shares. The mother hold the property of her share till her death with limited interest and after her death such share have to be shared among her children equally.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
3970 Answers
92 Consultations

5.0 on 5.0

Dear Madam,

Yes definitely, a married daughter have rights on her father's property as according to the Hindu Succession (Amendment) Act, 2005. ... The married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005.

Netravathi Kalaskar
Advocate, Bangalore
2447 Answers
6 Consultations

5.0 on 5.0

1) Yes, all daughters have equal rights in the property and than can file case against them. The case is still under limitations act rules.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

Since this property was transferred to his wife's name by a registered gift deed by her husband, it becomes the wife's own and absolute property.

On becoming an absolute owner with clear and marketable title to the property the transfer of the property by the wife to her sons by a registered deed is legally valid and this cannot be questioned by anyone.

There is no question of the mother cheating her daughters about this property.

The daughters do not have any rights in the property that belonged absolutely to their mother at least not during her lifetime.

Hence the rule quoted by you is nothing but a misinterpretation.

No case that is proposed to be  filed by the daughters is maintainable in this regard.

 

T Kalaiselvan
Advocate, Vellore
51403 Answers
612 Consultations

5.0 on 5.0

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