My father has one son (me, year of birth 1971), and one daughter (me, year of birth 1973). My father has a self-acquired property in Andhra Pradesh. My sister got married in 1996. In 2014 he transferred (with proper registration) his property on my name. He father died on 08 August 2019. Now is there any right to claim her share on this registered property for my sister. Please be concern about the point, which is we are in Andhra Pradesh and I have listened to equal rights to married women also.
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Once gift deed is executed duly stamped and registered you would be absolute owner of property
2) your sister has no share in property
3) only if your father died intestate would sister have equal share in property
4) in your case during his lifetime father already transferred property in your name
Yes she will have equal rights in the said property by birth
See in case the property was self acquired by your father or inherited by him after partition then in that case as in life he has registered property in your name your sister has no right over the property.
Only in case property is ancestral joint hindu property your sister has right on same.
1. Since your father gifted the property was his self acquired property he can transfer the property to anyone he chooses.
2. So there is no question of challenging this transfer by any one including your sister.
3. there is no separate law for the state of AP on this account.
Property is already transferred to you, may be through gift deed. You have valid title and no claim of sister.
When it comes to self acquired property.
The person can deal with it as he wishes.
In your case, the details of "Transfer" are not given i.e., what is the document execute by your father ??
Once the same is shared, clarity can be given as to her entitlement.
your sister has no share in said property, once property transferred on your name you are absolute owner of said property. if property is ancestral then your sister has equal right.
No if the property has been transferred tobyour name during life time of father then there is no share of your sister in that property.
Since this proeprty was your father's own property, he had full rights to transfer this property to anyone of his choice and desire.
Therefore his act of transferring the property to your name by a registered document cannot be challenged by your sister or anyone.
If your father was reported to have died intestate then your sister had equal rights at par with you in the properties left behind by him.
In fact he did not leave any property at the time of his death.
Thus your sister is not having any rights in the property that was transferred to your name by your father by a registered deed during his lifetime.
- Before 2005, the property rights of sons and daughters were different. While sons had complete right over their father's property, daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become part of her husband's family.
- But, after amendment in the Hindu Succession Act, 1956, in 2005, even a maried daughter has equal right over the property ,i.e.just like her brother.
- Since, this property is a self property , hence your father was free to bequeath this property to anyone by the means of executing a WILL , or by way of Gift.
- Hence, your WILL is non challengeable by your sister.
- Same law is also implemented in Andhra Pradesh.
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