All have 1/5th share, you can only gift your share to your son.
Daughters can claim their share and in sale amount also they will have share.
Hi I am a widow, my husband died suddenly without leaving any will. He left me along with my 3 daughters and 1 son. He had a self acquired property(plot) in his name. we have not seeked the court for any partition. 1. Now can I make a settlement deed to my son transferring the whole property to him? 2. If yes, is it valid? or can my daughters go to court claiming they have a share in the property? 3. Should we sell the property after I have settled it in his name? so that they cant be anymore claim on it by my daughters?
All have 1/5th share, you can only gift your share to your son.
Daughters can claim their share and in sale amount also they will have share.
You have only one fifth share in property
2) you can execute gift deed for only one fifth share
3) if you execute gift deed for entire property it would be seta side by courts
4) for transferring property in your name only you need consent of other legal heirs
1. In the intestate death of your husband, his self acquired property devolves to his mother ( if alive ), you, your 3 daughters and your son, i.e., 1/6th each. Assuming that your mother-in-law is also dead, then 1/5th ( 20% ) each to you, your 3 daughters and your son.
2. Through settlement deed you can't transfer the entire property to him, as you are entitled only to equal share in the property on par with other legal heirs. However you can transfer your share in the property in favour of your son.
3. If your daughters' go to court, they will get their share.
4. You can't sell the property as you are only a co-owner and even if you sell the property, your daughters' can file a suit against you and the prospective buyer.
1) You can't settle property on your son's name need to take NOC.
2) Get that legal heirs name inhert on property mutation papers. Yes your daughters can go to court for their respective shares in the property as they have rights.
3) No, you can't sell property without daughters NOC and signatures.
Dear Sir/Madam,
You are suggested that you may very well make the settlement deed transferring all the properties to the son, but the daughters will have to give NOC or release deed of their favour of the son (their brother). It is also informed that for sell of the property, the consent of all legal heirs is needed.
1. Yes, you can do so ny way of settlement deed or registered Will or even registered gift deed.
2. You have your sole rights over your undivided share and n0 one can raise objection as to whom you would like to transfer it by inter vivos or by testamentary succession.
3. After transfer your son can take his own decision.
After the death of your husband without leaving any Will, his estate devolved equally on his Class-I legal heirs, namely - his wife (you), 3 daughters and a son, with each being entitled to an undivided 1/5 share. Please note that your daughters also are entitled to claim their respective shares. If your husband's mother is still alive, she also inherits an equal undivided share. In which case, each of you shall get 1/6th undivided share. In case you wish to relinquish your respective shares, all the other 4 or 5 of you have to execute and register a relinquishment deed in favour of your son.
1.Yes you can do settlement deed or gift deed.
2.If it's a property of your husband then even your daughter will have a claim of your husband share. You can only do settlement deed for your share not your daughters.
3. They have legal claim unless it's your 100 percent self acquired property
You may go for partition deed amongst all of you with conditions the deed must be registered with competent authorities under Registration Act 1908 to avoid future disputes among your children otherwise without registration of deed anyone of them may move for partition suit before the court and it would be a time consuming process.
But my advocate says that after my husband I can legally settle the property to any of the legal heir be it my son or daughter, since the property is not yet filed for partition in court. He says that even if my daughters file a suit in court claiming their share in the property since the settlement deed is irrevocable court will not be able to nullify it. So i am very confused if I should make the settlement for the entire property or go by 1/5th share of the property. Kindly let me know.
No as the property is not your self acquired only and it has your husband share in it. All your children will have a share in it as your husband doesn't have will
1. If you and your 3 daughters voluntarily execute a registered Release Deed relinquishing their individual share in favour of your son, then your son will become Absolute Owner of the property.
2. At best you can relinquish your 1/5th share in the property in favour of your son only. Even in settlement deed, it's upto your daughters to voluntarily agree to surrender their share in favour of their brother and legally you can't force your daughters' to release their share.
You have to go with 1/5th share. what your lawyer is talking about is 1/5th share and not of individal shares.
1. No.
2. All daughters including widow are entitled to a share.
Regards
G.Rajaganapathy
High Court of Madras
1. No. The property belonged to your deceased husband and upon his intestate death, the entire property evolves on all his legal heirs i.e., his widow, children and mother, if alive.
Therefore you can transfer only your share in the property to your son as a registered gift deed or settlement deed.
2. It is not yes, it is NO, hence you should be aware that your daughters who have rights in the proeprty shall approach court for establishing their rights in the proeprty.
3. You cannot settle the property to his name for any reason hence there is no question of selling it after that.
Your advocate is misguiding you you or perhaps he is not aware of the law involved in this.
Do not be misguided and take law into your hands.
If you don any such thing it can be considered as an illegal act.
Your daughters may even lodge a criminal complaint against you and your son for cheating them.
As per law you ae entitled to one equal share in the property left behind by your deceased husband at par with other legal heirs.
Therefore you can restrict your desire to transfer the share of property to your son only in respect of your share in the property.
In my humble view, you cannot legally deny your daughters' shares. If you ignore their claim and proceed as advised by your counsel, they may challenge your action in court with success. You may, however, relinquish your own undivided 1/5th share in favour of your son by means of a release deed, gift deed or Will. The entire estate of your deceased husband cannot be settled in your son's favour without all other legal heirs forgoing their respective undivided shares in his favour.
The property was in your husband's name and hence your daughters have a share in it. They may raise objections in case you don't take their consent.
They may go for cancellation of sale deed.
Well, you have been given a wrong advice. You cannot sell a property which you don't own. Act accordingly.
Hi
1) Since the property is a self acquired properties of your husband,
a) his legal heirs are yourself, your son and 3 daughters
and
b) all the legal heirs are entitled to claim their rightful 1/5th share in the self acquired properties of your husband.
2) By virtue of section 8 of Hindu Succession Act,
a) all the legal heirs are entitled to claim a share of property
and
b) as such any conveyance should be vide a registered settlement deed duly signed by all legal heirs.
3) You can choose to settle your share (1/5th share) in favour of your son by executing a registered settlement deed in favour of your son.
4) We are afraid, the opinion of your lawyer that you can settle the entire self acquired property to any of the legal heir (whether it is son / daughter) is totally incorrect both in law and in facts.
Hope this information is useful.
If husband died intestate class1 heirs are widow, son, daughter and your mother in law.
if your 3 daughters are major then, daughter consent required to release their share in favour of brother(son) through Gift deed.
as a class 1 heir you can (Mother) gift your share in favour of son.
after your husband you are eligible for 1/5 share only. how can you legally settle for entire property.
1. No, you can just transfer your share from property of your husband on name of your son which will be 1/5 share from total property.
2. Yes your daughters can claim their respective shares from property of their father.
3. They can still claim the share and you cannot even sell the property without consent of your daughters.
4. Your advocate is misguiding you, you cannot sell property or make settlement deed without consent of your daughters.