• Division and transfer of property to children

Hello, 
My dad passed away 19 years ago. My mother would like to get a will done to transfer property and any available finance between my sister and myself, the son.

1. What is the law about the girl child's share in the property?
2. My parents gave jewelry to my sister during her wedding ? Is this considered as a share from the property as per the law?
3. My sister has a government job in the US and is doing very well. Is this considered when distributing the property? And how?
4. I have not had a good career like I expected to have even though I am a qualified engineer and earned a management degree. My finances are not good. Does this contribute to asking for a raise in the percentage of the property as per law?
5. Should we approach a lawyer to draft a Will? And is it Family Law or Property Law expertise we need to look for?
6. Any other information we need to know in drafting this will that should not be on the Will or should be on the Will ?

Thanks in advance,
Guidance Seeker
Asked 7 months ago in Property Law
Religion: Hindu

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11 Answers

The best way to go for the property partition deed or gift deed that will be better for you

And jewelry given at the time of marriage will not be considered in the partition deed.

In parents property, children's financial condition does not hold any importance, whether they are earning or not.

It all depends on your mother as to how much share her son and daughter should get. By the way, it will get distributed among 3 as of now and after your mother (sorry to say) in two.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

1. If it was your father's property then your sister will get an equal share at par with you and your mother out of your deceased father's properties.

2. No, it is not considered as a share in the property.

3. No, it is also not considered as a reason to discriminate her while the property of deceased father is divided among his legal heirs.

4. Your bad finance or career will not attract any sympathy to the law to allot you extra amount of property more than your sister.

The property shall be divided equally among all the  shareholders.

5. You can approach an experienced lawyer who will prepare the Will flawlessly 

 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

Inspite of all above of the property is sepf acquired and thee is no will then daughter has equal share under Hindu succession law

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

On father demise intestate mother ,son and daughter have equal share in property 

 

2) mother can bequeath her share to whom so ever she pleases 

 

3) jewellery given at time of marriage is not considered a share 

 

4) her govt job is immaterial 

 

5) you ca not ask for increased share just because you are not financially strong 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

1.  Assuming that your father died intestate (without executing a WILL), then his property will devolve equally to his mother (if alive), wife (your mother) and children.  In the instant case, assuming that your mother, your sister, you and your brother are the only legal heirs, then each one of you is entitled for 1/4th share in your deceased father's property.

2. Equal share on par with her brothers will be the share of girl child.

3.  Irrespective of your sister holding a Government job in the USA or not, she is entitled for equal share in your deceased father's property.

4.

  No. Even though your parents might have given jewellery to your sister, she is entitled for equal share in your deceased father's property.

5.  If your mother and/or siblings are ready to give their individual share to you, it can be done.

5.  Better to utilise the services of a property Lawyer to execute the WILL.

6.  Your mother can execute a WILL to the extent of her share in the property only.

Shashidhar S. Sastry
Advocate, Bangalore
5164 Answers
314 Consultations

5.0 on 5.0

Dear Client,

Hindu Succession Amendment Act 2005, gave equal rights to the daughter in terms of property. Now, married and unmarried daughters have the same rights on their father’s property as their brothers. They are also entitled to equal duties and liabilities as their brothers. so they have the equal rights over their ancestral property.

There is no issue regarding your income while acquiring the property.

Yes, you need to approach a lawyer for drafting the will and it comes under Family Law.

 

Thank You

  

Ayantika Mondal
Advocate, Bangalore
27 Answers
9 Consultations

4.0 on 5.0

Equal share.

No, that will consider gift.

no.

no

Can contact for draft of WILL.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

After your father's death, his estate devolved on all his Class-I legal heirs automatically in equal measure. In other words, your mother, your sister and you got one-third undivided share each. If your father's mother was alive at that time, she too was entitled to a share, in which case the four of you inherited 25% undivided share. Assuming that it is your father's estate, this is the distribution. Your mother can leave a Will only in respect of her undivided share.

If it is the question of your mother's self-acquired property here, your mother can write a Will in favour of anyone of her choice.

1. In a Will, there is no question of any male or female beneficiary. It is your mother's choice.

2. No. A share in an immovable estate is quite different from her marriage gifts.

3. She is very much entitled to her share if it is your father's estate as explained above.

4. No, legally there cannot be any such claim.

5. Yes, you may engage a competent lawyer.

6. Go by your lawyer's advice.

 

Swaminathan Neelakantan
Advocate, Coimbatore
2823 Answers
20 Consultations

4.9 on 5.0

- As per law, if your father died intestate , then his property would be devolved upon all his legal heirs i.e. your mother , sister and you equally. 

- Further , your mother can transfer her respective share in favour of anyone as per her wish, 

1. During the life of your sister , her child will have no right over the property 

2. No , your sister has her equal right same like you in the property left by your father. 

3. No. however she can release her share in favor of you 

4. It depend upon your mother and sister 

5. Yes, however your mother can write a Will for her share only 

6. It should be written in the presence of two witnesses. 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

1. The 2005 Amendment amended Section 6 of the Hindu Succession Act of 1956 and eradicated the age-old discriminatory practice of keeping women out of the coparcenary inheritance system. So now a daughter has equal or the same rights/share in the property as the son. 

2. The jewelry or any other gifts that your parents gave to your sister during her wedding are considered as her 'Streedhan'. They would not be considered as a share from the property because as per the law, every Hindu woman has full ownership right over any moveable or immovable property she possesses through :

  • Inheritance 
  • Partition
  • Streedhan
  • Gift from any relative or non-relative
  • Own skill or exertion 
  • Purchase or prescription, etc.  

3. Due to the abovementioned points in Para 2, your sister's status would not be considered when distributing the property.

4. As per the law, your financial condition would not be considered for distribution of property and therefore would not make you automatically eligible for a higher share. 

5. Your mother may draft the WILL herself as well, as there is no legal compulsion that a WILL has to be drafted by a lawyer only. But if she feels the need, it is advisable to consult an advocate as they would be able to guide her about the legalities and the finer points. 

6. Make sure to get the WILL registered as an unregistered WILL might lead to legal hassles in future.

 

NOTE : The above-mentioned points are matters of law in case a person passes away intestate i.e. without making a WILL. But any person including your mother is free to distribute his/her property as per his/her choice and does not have to necessarily distribute his/her property equally amongst all legal heirs. A WILL supersedes and overrides any other law or formula of property distribution. So all the questions that you have asked would not be applicable after your mother makes her WILL and gets it registered.

Indu Verma
Advocate, Chandigarh
71 Answers
8 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in the case as well Indian succession act girls have equal right over her parents property to that of the Sun and the submitment was brought in 2005. on that ground yours sister is eligible to get equal share of all the property to that of you and when it comes to the jewellery that has been given to her while marriage that cannot be considered as share of the property because that was a gift given to her . Your financial status does not have any role to play in the transfer and partition of property

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

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