Mr. A had two children’s of one son and one daughter (D). Son expired in small age and Mr. A left with only one daughter by Ms. D. Mr. A also expired intestate without any will and as such, all properties of Mr. A transferred to Ms. D since she is only one left as legal heir. Ms. D got married and got 4 daughters and two sons and now in 2012 through registered partition deed divided Mr. A few properties among all and also subsequently taken right relinquishment from 3 daughters and not taken anything from one of the daughter by name Mr. C. Ms. D is still alive and in respect of properties got from Mr. A were left out without being partitioned under 2012 deed & also were now transferred to only one son by name Mr. E. Mr. E while making sale of such properties to third parties shown family tree of her brother and other daughters but not shown only one daughter in the family tree of Ms. C and given false family tree to third parties. Questions 1. Ms. D who got share of properties from his father after his death will constitute joint family properties in her hands or it is treated as self-acquired properties. 2. Ms. D can sell her father’s intestate properties as per her wish or even her sons and daughters have rights over it 3. Ms. C being of one of daughter now she has rights in her mother father’s properties to file case for partition ?
It is her self acquired properties
2) D could have sold the properties she inherited from her father
3) however since partition deed has been done with her children she can only sell share remaining with her on partition
3)it is necessary to,peruse deed of partition to advice further
1. That depends on whether the property was inherited by fathe or purchased by him.
If self acquired he can sell other wise both son and daughters have right
Yes she has right
1. It will be her self acquired properties and not joint family property.
2. Ms. D can transfer/alienate/sell the properties inherited from her father as an absolute owner, none of her children nor her husband has any rights over any properties she inherited or acquired.
3. No, she cannot claim any share in those properties as a right.
Dear client I am sorry to hear that but a daughter of a family has a full right over ancestral property. Moreover even on the self acquired property if there is no will in place then also she has the full right over the self acquired property of both the parents along with the other heir of the family.
1. As the sole legal heir, the estate of A devolved on D, in the absence of any Will. The properties in the hands of D are legally her absolute and exclusive, and not joint family properties.
2. As such, D could very well deal with the estate of her father A according to her own will and pleasure. No one can challenge her legal right. No one can have claim legally.
3. C does not have any right or claim.
1. In the hands of Mrs. D, the properties she inherited from her deceased father is her seperate properties having the characteristic of self acquired properties.
2. Mrs. D can sell her father's intestate properties as per her wish during her lifetime, and her children shall not have any right during the lifetime of their mother.
3. If the property were to be self acquired properties in the hands of Mr. A, then Mrs. C will not have any right in her mother father's properties to file case for partition. However if Mr. A had inherited the property from his forefathers, then Mrs.. C will have right over the properties alongwith other legal heirs.
1. Since Ms D is only the legal heirs of Mr A , then after the demise of Mr A intestate his property would be devolved upon only D if her mother is not alive.
- Further, after receiving this property , it will considered her self acquired property , and she can sell the said property to anyone without taking the consent of her children's.
2. No consent of her children are required to sell the property
3. During the life time of D , C cannot claim any right over the property , and hence suit of partition not maintainable.
