• Daughter's rights over mother's property

Hello,

I am looking for a legal procedure to get the property which we are staying in a home for more than 25 years. 

The property is in the name of grandmother(Mother's mom) and my grandfather died long back(Mother's dad) , she got this property through a government scheme (Basava awasa yojana) around 35 years back. My grand mother had two daughters and no sons. My mother is the elder one.

In the year 1998 she gave one stamp paper to my mom (Elder daughter), In that she gave the 1/3 rd of the property to my mom and in that paper my aunt (Second daughter) also signed. But we have not registered the property and we have changed the khata's. They got form 9 from grama panchayath.

Now my grand mother made Khata's in the grama panchayath, In that she gave 2/3 rd portion to the second daughter and remaining she kept the property in her name itself. But they are also not registered to their names.

 Now my grandmother is not ready to give the 1/3rd portion to my mom (First daughter). But we are already constructed a house and staying in that house for more that 25 years

I want to know the legal procedure to get my mom's property and what is the percentage share that my mom have rights in my grandmother property.
Asked 1 year ago in Property Law from Chikkaballapura, Karnataka
Religion: Hindu
1) during your grand mother lifetime your mother has no share in property . 

2) gift deed of one third property is not duly stamped and registered . 

3) if the gift deed is not registered it is in admissible in evidence . 

4)after 17 years said gift deed cannot be registered now 

5) similarly for transfer of 2/3rd property your grand mother ought to execute stamped and regd gift deed 


6) in the event your grand mother dies intestate your mother and aunt would have  equal share in the property . 

7) your grand mother can make a will bequeathing property as she desires 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
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In your case at present your mother has no legal right to get her share from grand mother. Grand mother can give her property to any one as per her wish. The gift deed is not registered,  means that  it has no legal value so you are unable to make any claim over  1/3rd share. Tjis principle is also applicable in  2/3 share.

After the death of grandmother, if she died intestate with out creating any legal document with regard to the property, then your mother has got  right over 1/2 of the share. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. As per narration in your letter you have stated that " In the year 1998 she gave one stamp paper to my mom" what does it mean? Can I take that as a Gift Deed?. Even if it is so, since it is not registered, it is not a valid legal document.
2. Form No. 9 from grama panchayath is a document issued for non-agricultural lands in its jurisdiction for land granted under 'Basava/Ambedkar/Indira Awasa Yojana" schemes as also for converted and gramatana lands.
3. Since your grand mother gave 2/3rd portion to  the second daughter and not registered, it is not a valid legal document.
4. To get rights for your mom in her mother's property, your grand mother has to register a gift deed in favour of your mother for the share to be decided by your grand mother during her life time or to execute a 'WILL' for your mother's share of the property or in case your grand mother dies intestate(without executing a 'WILL', then your mother & your aunt are entitled to equal share in the property.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
This is your grandmother's own property acquired through Government scheme allotted on her name.
Your grandmother being a sole owner of the property, she has full rights to dispose the property in any manner she desires.
Though she has consented to allot 1/3rd share in the property to your mother on a Rs. 100/- stamp paper, it is not a valid document as the same is not registered by paying the necessary stamp duty and at this stage stamp duty cannot be paid, therefore your mother cannot claim a right or title to the property on that basis.  
The possibility is that if your grandmother dies intestate then your mother and her sister can share the property equally between them by dividing them into two shares and each getting one such share.
The unregistered gift duty executed by your grandmother to your mother's sister is also not valid if proper stamp duty has not been paid.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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1. It is unclear what is the nature of the document which you claim was executed by your grandmother in your favour in 1998, but it seems to be a family settlement or gift deed, both of which required mandatory registration under the law.

2. During your grandmother's lifetime she was at liberty to revoke the instrument of transfer, if any, executed by her, but this is subject to the condition that the transfer was to take place on a future date. If the transfer of property had, in pursuance of the instrument of transfer executed by your grandmother, taken place, she could not have cancelled it unilaterally.

3. Without a threadbare perusal of the document it is not possible to formulate any opinion. You should get the document vetted by a lawyer to know where you stand.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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Hi, if the katha of the property was changed in your name then you can claim oral partition and on the basis of oral partition you have derived the property.

2. Other wise you have to file suit for partition claiming your share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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