Sir My father had executed a settlement deed of piece of 50% dilapidated house, on [deleted], I had to support my family from 1975, His property 29' x 50' was purchased in the year 1958. out of this 50% of the same is 14.5' x 50', which has kata transferred on my name, being the 4th child by birth and only boy child. My father died on [deleted]. My eldest sister was born on [deleted], got married on [deleted], Plaintiff 1 My Second sister was born on [deleted], Plaintiff 2, got married during 1965 My third sister was born on [deleted], Plaintiff 3, got married during 1971, My last sister was born on [deleted], Plaintiff 4, got married in the year 1977. My questions are: (1) Can my sisters claim any property, if they can claim, how much is legally eligible to them. (2) Since my father had purchased and sold a number sites in and around SriRamouram, oklipuram, hosur, RajaRajeswari nagar.etc in Bengaluru, which were bought by sold by him between 1955 to 1996 for the settling marriages of my sisters and other family expenses. (3) For one of the loan by my father I was declared as heir and to clear the IP Loan from Bangalore City Co-operative Ltd. (4) What hold do I have having spent heavily on the family for the welfare of my sisters and parents.
Once gift deed is executed duly stamped and registered you would be absolute owner of 50 per cent of house
2) sisters would not have any share
3) it was your father self acquired property and daughters would not ha ve any share once gift deed is executed in your favour
Dear Client,
Sisters have equal right in 50% i.e. 1/5th each including you, Rest 50% you are absolute owner. They an demand partition but barred by limitation.
Spending on family is pious obligation, no claim arises.
Hi,
You are suggested to reply strongly the legal notice stating all the facts and deny the claims raised by the sisters.
1. They have right of other 50 percent share which was name of your father.
2. See even marriage.expenses were incurred they have right under the hindu succession act.
3.see you claim share in said property from your sisters.
4.you have right over settled property in your favour and share in the remaing property.
1. Did your father die intestate (without executing a WILL)?
2. If your father died intestate, then his property would devolve equally to your mother (if alive) and children.
3. Your sisters' are entitled to equal share in your deceased father's property, on par with you.
4. You can deduct the amount of loan cleared by you in the co-operative society where your deceased father had taken loan and then distribute the proceeds equally amongst you and your siblings.
Hi, your are the absolute owner of 50% share of the property and your sister have no right to claim the share in that property and for remaining 50% share all of you have equal share in the property.
1. You are the absolute Title-Owner of the 50% property which you received via the Settlement Deed.
2. For the Balance 50%, "ALL" the residual Legal Heirs are entitled to EQUAL ratio, which includes yourself. This is subject to that Father did not execute any WILL. ELSE everything will be distributed as per Father's Will and Sisters /others may not get anything.
3. You can stake claim of the documentary expenditures you incurred only on the sisters, during the sharing of the property. Since you are declared legal heir of Fathers debts, the sisters are not liable to pay their contributions for Fathers debts.
4. IF the entire property is one single undivided property (in the revenue records), you can strategically & safely occupy and refuse to give any share to the sisters.
You are absolute owner of 50% property.
Your sister cannot have rights to claim in said property.
If the property is settled through registered partition deed before amendment date of 2005 of Hindu succession Act then sisters are not liable. If father and daughters are not alive on date if amendment of 2005 then the sisters are not liable for any share
1. If the property settled through the deed of settlement was self acquired property of your father then he had right to give it to any one and in any manner he so chooses .
2. Since he has already given you the half of the property then only the remaining will be liable for division in equal shares among his other children which include your sisters.
3. So the suit filed by your sisters claiming equal share in the whole property does not stand.
4. Your expenditure on your parents would not be considered in court.
Rest other gthing are immaterial and have no legal value except the will.
As your father have not left any will and the remaining self acquired properties will come in this purview and the claim should be lodged by the sisters in this regard to get their own share the property of father will go in division between all the legal hairs in case of absence of will and the ancestral properties cannot be transferred through a will in your case all the properties are self acquired properties you can put all this ground that you are putting in your question and this will delay the decision of the court in this matter to provide you immediate relief
1. Transfer of khata does not result in transfer of title. Khata is relevant for revenue purposes.
2. You stated that your father executed a settlement deed, but have not mentioned how the property was settled under that deed.
3. In the absence of any settlement deed/will by your father the property of your father has devolved through intestate succession on all his heirs including his daughters irrespective of their date of marriage.
Dear Sir,
It is self acquired property of your father as such he had liberty to give his property to anybody. It was settled and given to you as such none of your sisters can claim such property. Engage a Senior Advocate and issue reply legal notice since it is a foundation document for your all future litigation. Let them file a partition suit and you can leisurely fight without giving up your physical possession over the property.
You have stated that only 50% of your father's property was settled to you, the remaining 50% property shall devolve equally on you and your siblings, therefore you cannot deny their rights in the remaining portion of the property, you may arrive at an amicable settlement on mutually agreed conditions for this.
You might have spent heavily towards the family members or your father might have spent on your sisters marriage, but as per law your sisters are entitled to a rightful share in the proeprty which has not been settled.
Dear Sir,
Nothing to worry, if the property is the self acquired property of your father then your sisters has no right to claim their share in the gifted property and if the ancestral property then they have to a file suit for partition claiming their share.
Since my father died on 25th September 2004, which is earlier to HSA amendment act 2005, can sisters claim an equal share in the undivided property. Had my father knew this he would have put everything in the settlement, all he was telling was to 1 to 2 Lakhs, on seniority basis.
If your father died intestate sisters would have equal share in his self acquired property
2) in present case father executed settlement deed in your favour
3) hence daughters would not have any share in said property
The property given to you by your father can not be claimed by your sisters anymore.
There are 2 views to the above one judgement of supreme Court States that if father died before amendment then daughters dont have share as per the new amendment. One says they have share but birth. The position is before higher bench to decide
See in acquired property the daughter have right even before the amendment act, even if undivided it is not ancestral property and they have right over same.
A daughter can claim her share in father's property after he dies intestate. But she can't claim it against the will of her father..
If your father was reported to have died intestate then the properties lying on his name at the time of his death shall devolve equally on all his legal heirs.
The amendment to HSA in the year 2005 has nothing to do with their entitlement for an equal share in their father's properties for the daughters.
Amendment is related to ancestral property. Coparcenary right.