My Father is selling a house and plans to buy a new property The current property is in his name. The new property which is being bought will have three co-owners - My Father, Son and daughter-in-law. May father has two daughters. But he has decided not to include daughter names in new property as part of registration. Question - 1. He is concerned after his death will any of the daughters be able to raise a stake in the new property and property be disputed - even though their name was not included.
Daughters can file suit for partition for division of property by metes and bounds
2) it would be their case that property was bought in joint names for benefit of joint family
3) seek an injunction restraining sale of property
4) your father can execute conditional gift deed in your favour wherein he would be able to enjoy property during his lifetime
Dear Sir - Thanks for you answer, but if we go for "Joint Tenancy" then legal heirs will not have any stake so daughters will not be able to claim any stake in the property correct?
1. if the house, which your father is selling is an ancestral property, then the newly bought house/property will also be treated as ancestral property and daughters can claim their share in the property,
In case of joint tenancy in case of the demise of one co-owner, the rights over the property automatically pass on to the surviving tenant.
1. The names appearing in the title deed is considered to be the owners of the property and no one can stake claim therein.
2. So there if he buys this property none of your sisters can claim it from any court of law.
3. Since this a not a ancestral property and your father does not die intestate in respect of his 13rd share in the property as well then your sisters in no way can come into the picture.
As of bow have can register with registrar as a joint tenancy only so the ownership will remain among yourselves only.
Difference between Joint tenancy and Tenancy in common
Joint tenancy also differs from tenancy in common because when one joint tenant dies, the other remaining joint tenants inherit the deceased tenant's interest in the property. However, a joint tenancy does allow owners to sell their interests. If one owner sells, the tenancy is converted to a tenancy in common.
1. In joint tenancy, all own equal shares of the property, proportionate to the number of joint tenants involved. In the instant case, your father, you and your wife shall have equal share in the new property to be bought as Joint Owners.
2. If one of the joint owners dies, the other remaining joint tenants inherit the deceased tenant's interests in the property. By adopting joint tenancy, your sisters will be kept away from claiming a share in the "Joint Tenancy" property, if only your father pre-deceases you and your wife, but not otherwise.
3. If your father is concerned that the property should go only to you and your wife, let him execute a WILL bequeathing the property to you and your wife after his death.
1. Since there will be three owners of the property the share of your father will be 1/3rd in the property.
2. If your father dies intestate then his Class 1 heirs i.e widow and children (presuming mother is dead) will succeed to his share.
3. If he does not want his daughters to claim succession to his share then during his lifetime he should execute a will to devise the manner in which he wants his share to devolve after his lifetime.
The question starts from the selling of the property first of all it should be decided if it is ancestral property which is being sold by your father please note that in case of ancestral property your sister's have the right in the property since they are born and in case father sell the property and do not give share to the daughters in the new property their right arises automatically even if the property is registered in his name as well as the name of son and daughter in law you need to consider this aspect before you go ahead in the sale as well as purchase of the new property. in case the property bing sold is a self acquired property of your father then he have all the right to dispose the property as per his wish and in that case the daughters will have no right in the property and the investment of capital gains along with the other amount which is contributed by the son and daughter in law for purchasing after new property and he can make a will for his share in the property in that daughters will have nothing in the property to claim for.
1. No claim against the property is maintainable if father on his own wish register the property to son and daughter in law .
Daughter shall have claim on fathers share.if there is no.will from the father.
Since full contribution he is doing, after his intestate death, daughters will have 1/3rd share each.
Tell him, execute WILL to bequeath the property to you.
Through deed joint tenancy can made, still after his demise dispute may arise.
If it is the self acquired property of your father which he is selling right now, then he can use the proceeds received for selling the property in any manner he deems fit. His daughters cannot raise any claim after his demise.
Just to be safe, you can ask your father to execute a well in your and your voice fever and also clearly state that it does not wish to give anything from his estate to his daughters. Getting the will registered would give you an extra cushion.
Daughters would only have share in the property in the name of their father being his legal heirs, only if your father died intestate.
If he executes a will, then the succession would be decided as per the contents of the will.
1. Yes, after his demise, his daughters can certainly claim share of his 1/3rd shere of the said property.
2. The daughters also can file a declaratory suit praying for a declaration that the present property was bought from the fund collected by your father by selling the property standing in his sole name for which the current property is also to be declared as his property.
3. If they get the above declaration as prayed, then they can claim their share on the entire property after the demise of your father intestate.
4. So, in the sale deed itself it should be cleared that he is adding your and your wife's name as co-owners out of his own will and your said 1/3rd share each should be considered as his gift to each of you.
1. As explained in my earlier post, they can file a declaratory suit for considering the entire property is of your late father.
2. Thereafter they can claim equal share of the entire property.of your demised father.
1. As explained in my earlier post, they can file a declaratory suit for considering the entire property is of your late father.
2. Thereafter they can claim equal share of the entire property.of your demised father.
- As per law , a duaghter has equal right over the fathers ancestral property.
- If the said property which your father is going to sell , is a self acquired property i.e he has purchased from his own funds, then your father is free to sell as he wants, and no person including daughters can claim the same.
- If, the said property to be sold is an ancestral property, then the daughters has her right over the same, and the said property cannot be sold without her consent.
- Hence, if the new property was purchased after selling an ancestral property, then it will be challengeable by the daughters , even their name is not included.
If your father, during his lifetime has not transferred his share of property now purchased in the joint names to any one of the joint owners, then, in the event of his unfortunate and intestate death, his share of property shall devolve equally on all his legal heirs, your sisters can stake a claim for their legitimate share in the property out of yor father's share in the property.
Joint tenants with rights of survivorship means that two or more people have an equal interest in a property and will inherit the other's share at death.
Joint tenants with right of survivorship (JTWROS) is a type of brokerage account owned by at least two people, where all tenants have an equal right to the account's assets and are afforded survivorship rights in the event of the death of another account holder. The concept also applies to real estate property.
Hence you may get the property registered under the provisions of joint tenancy to avoid the problems you anticipate after the lifetime of your father.
if property is self acquired daughter cannot have rights to claim in father's lifetime.
if the property was co-owned by them as tenants-in-common, then the share of the deceased man would pass on to his legal heirs.
If it's a self acquired property he can execute a will and not include the said daughter for any share. If he dies without will she can claim share
Yes if he is the co owner of the property then your sisters do have a legitimate share in the property.
You should advise him to write a will in your favour ao that after him his share gets transferred to you automatically.
Regards
This is not joint tenancy unless it is specifically stated so in the document
It is a co ownership
On demise of father who is a co owner, his 1/3rd share will devolve on his legal heirs which include his daughters as well, unless father has transferred his share in his lifetime or made a Will in favour of someone else thereby excluding daughter
Dear Sir,
In the case of a self-acquired property, that is, where a father has bought a piece of land or house with his own money, a daughter is on weaker ground. The father, in this case, has the right to gift the property or will it to anyone he wants, and a daughter will not be able to raise an objection.
Yes daughters can claim share from father share in that property after his death if he dies intestate.
And if he is more concerned about daughter's then he can make will in their favour for his share.
