1) did great grand father execute will bequeathing property to your father and 3 sons
2) if not was any gift deed executed . If so daughters have no share in said property
3) judgment of SC is not applicable in your case
Property rights wrt to new SC orders on daughter's equal rights
My grandfather used to live at my grandmother's place after selling his own house.My grandmother's father ( NANA JI) gave the ancestral land (where my grandmother ,grandfather used to live) to my father and rest 3 sons. My grandfather has 3 daughters as well. So according to judgement passed by SC on daughter's equal property rights , i want to know if my father's sisters also have a share in property despite authority of land moved from my grandmother's father ( NANA ji) to straightway my father and his brother's. None of the land authority was given to my ( grandmother and grandfather).
Asked 3 years ago in Property Law
Religion: Hindu
23 Answers
Yes that is correct. But if the property was long ago partitioned and registered then there is nothing you may do now.
If it has been only given and is in possession but formal partition hasn't been done then they have a right.
No she won't have right in the property inherited by your grand father from maternal grandfather because of degrees of responsibility and relationship changed.
Kindly tell that by what mode the land was transferred to your father and the 3 sons. Eg. some WIll or through some Registery etc
Through what mode property given to your father ?
If registered gift deed or settlement deed than sisters have no claim.
1. The land gifted to the sons by their Nan has become their self acquired land and this is not their ancestral property.
Therefore in the said property the daughters had neither any share nor can they claim even on the basis of the recent supreme court decision.
Your grandmother's father transferred his property to his grandsons alone ignoring his daughters.
The property being his own and absolute property, his act of transferring his property to people of his choice cannot be questioned or challenged by the sisters of your father.
This is not ancestral property.
Your father's maternal grandfather's property would not fall under the category of ancestral property.
Thus no claim by them for any reason is maintainable.
The right of the legal heirs accrue after the death of the deceased. When a person dispose of his property in the manner he wants during his lifetime, there left nothing to claim by the legal heirs.
According to judgement passed by SC on daughters equally when the father dies intestate.
No, sisters of your grandfather are not entitled for property
- As per latest landmark judgement , the Supreme Court held that daughters will have equal coparcenary rights in Hindu Undivided Family properties, irrespective of whether the father was alive or not on 9 September 2005, when an amendment came into force.
- If the said property was already transferred to your father , and the three sons , then this amendment will not apply there .
if said property transferred through gift deed in favour of your father then sister have no share in property.
Dear Sir,
In the instant case, there is no right of your father's sisters because your father and uncles have got the gift deed.
I would also like to add here that the registry of land hasn't been done till now . Just that my grandmother's father( great grand NANA) as a will bequeathed the property in name of my father and his 3 brothers due to sheer affection.(NOTE: No property was named in the name of my grandfather or grandmother. and here "SISTERS" of my father i am talking about ,not my grandfather's sister.)
Asked 3 years ago
There are lots of information missing.
I would advice you go for full consultation instead of piecemeal questions and advice which may not be suitable for you. Every time new questions, new answers, new stage,new situations pertaining to inheritance which needs continuously conversation with lawyer and reviews of documents.
Great grand father is at liberty to execute will bequeathing his self acquired property to his grand son ie your father and his 3 sons
If property was owned by your Nana ji and he gave it as gift or will to your father and 3 uncles during his lifetime then daughters(sisters of your father) cannot claim rights in that property.
Your grandfather's father transferred his share of property to the persons of his choice because it was not an ancestral property in his hand.
It was his inherited property hence it was his own and absolute property.
He transferred the property in favor of his grandsons by a testamentary disposition, I.e., a Will.
His authority and decision cannot be challenged by anyone.
Further there's no necessity for the beneficiaries to get the property registered on their names after acquiring it by enforcing the Will.
Just mutating the revenue records would be sufficient.
Hope your query is clarified.
After executing Will, ownership directly transferred in your father and his brothers name. You father is absolute owner. None have any claim.
Dear Sir/Madam,
Even without registry and probate of the said will, the property may go to the father and his brothers only by virtue of that WILL.
- You should apply for mutation of the property , and registration in his name is not mandatory .
Sisters of your father are also not entitled to the property
If the will is applicable then your father and his siblings have received this property as a self acquired property.
No fathers sister don't have class one heir status.
Daughters have right suject to liability.
Yes they can claim their sharr
