Yes you can both of you will have equal share
I am eldest of 5 sisters. My father did dhaana settlement to 3rd daughter and 4th daughter in the year 2011 and kept silent. He passed away in Dec 2020. (No will, self acquired property) Can me and other sisters claim our equal share through Indian Law?
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Yes you can both of you will have equal share
I am eldest of 5 sisters. My mother is alive and she has done dhaana settlement gift to 2nd daughter (50% ownership). Nothing given to my mother till now and she is not clearly telling anything. Other daughters have been given something (except for 5th daughter). Can I claim my equal share through Indian Law?
Yes you can
When the property was being your father’s self acquired property , he had all the rights to execute sale , settlement, gift deed or any other way of alienation. If the settlement deed executed by your father was genuine and good state of mind, being a son or daughter you do not have right to claim any share in the property.
In case, if you doubted on the execution of the settlement deed, you can challenge the same before the court of law within three years from the date of knowledge of the execution of the settlement deed.
Once gift deed is executed duly stamped and registered your 2 sisters would be absolute owner of the property
you have no share in said property as father had during his lifetime gifted the property
If your mother dies intestate then you can claim share in property
mother is at liberty to execute gift deed for her share in property during her lifetime
It's not clear whether the property given by your father is self acquired property or ancestral.
If ancestral then your father could not have deprived one daughter and enrich another.
Your mother can transfer her share to anyone she chooses.
You have claim against dhana by father and mother. mother is alive. You can claim that the property is not self acquired but ancestral property to obtain your share. It is for them to establish that the property is self acquired by father. Issue lawyer’s notice to all other sisters and mother seeking partition and separate possession of property as the property is ancestral. File one suit for both gifted by father and mother. After that file a suit in district Court for partition and separate possession. You will get your share.
Ans: Yes self acquired property but what is the documentation done.
You can claim your share in the property
Your father had transferred his self acquired proeprty by way of Dhana settlement in favor of his chosen daughters during his lifetime and the same was acted upon by the beneficiaries.
The transfer of property by the above settlement becomes absolute and the beneficiaries have become absolute owners of the property they acquired through this registered settlement deed.
There was no property left behind by your deceased father on his name upon his death.
Therefore neither you nor your other sisters have any rights over this property nor your claim is maintainable in law.
- If , the said property was self acquired i.e. purchased by him , then he was having his right to transfer the same as per his own wish by way of a Gift deed i.e. Dhana Settlement.
- Further, if that property was ancestral , then the dhana settlement is not valid , and you can claim your right .
- Further , if that gift deed is not registered , then also it having no value in the eye of law.
- Further, the same rule applied in your mothers case as well.
In the self acquired property of your father, his decision to transfer his properties to his chosen daughters cannot be challenged by the other aggrieved children.
Your deceased father is the authority over the properties to which he had clear and marketable title during his lifetime.
Therefore any claim towards the property already transferred by him by a registered document in favor of his chosen daughters cannot be challenged by the other frustrated daughters nor their claim would be maintainable in law.
Similarly, if the property which was transferred by your mother was on her name by a registered document or it was an inherited property or if it was a self acquired proeprty or it was gifted to her, then she becomes the absolute owner of the said property .
You have not given the details of the property which was transferred by your mother to the daughter chosen by her.
You may either revert with the details or consult an advocate in the local to clarify the details and eligibility for a share in your mother's property.
As the property is self-acquired, it is completely the choice of the father to distribute the property as he wishes to do so and it cannot be disputed. The daughters in whose favor the gift deed was made will be the rightful owners of the property if the gift deed is already registered. However, if there is any such provision that can be used to revoke the gift deed or limits the fulfillment of that deed, it can be challenged in the court of law. Also if such a gift deed was made by coercion or force, even in that case, the gift deed can be challenged in court of law. Also, if you can prove that the property is not self-acquired but ancestral, then in that case you can claim for partition. Without any of these grounds, the deed cannot be revoked and the property will continue to be under their possession. This also applies to the property given by your mother to other daughter. Thank you.
I presume that the Settlement deed is registered. If so it can be challenged on various grounds before the Court of Law. It is only after examining the deed and other aspects would i be able to give a solution.
High Court of Madras
dhana settlement in respect of ancestral property is invalid because as per the state amendment of Tamil Nadu in Hindu succession act daughter have right in the ancestral property by birth. Father cannot curtailed the right of coparceners (daughter/son) by doing dhana settlemen or making gift deed or alienating the property by any other medium of alienation.
In this situation you should file a suit for cancellation of those settlements and partition the property among the coparceners.
If your father gave away his property to one of his daughter, that transaction holds good and valid. You cannot on what has already been given. You can claim on the remaining property.