Daughter's right in her dead father's property
My grandfather died in 1985. He has bought a big plot of land with a house in it.My father died in nov.2007 and grandmother also in sep.2007. Part of the property is in favour of grandfather and other part in favour of grandmother which was donated to me in 2002 by regisration deed. Now 7 daughters of my grandfather claiming on grandfather's property ( land). As per latest ruling are they eligible for claim on the said land?
Asked in Property Law from Purnia, Bihar
1) it is grandfather self acquired property
2) on his demise his property would devolve on all his legal heirs ie grandmother , sons daughters equally
3) the judgment of SC is applicable only in respect of ancestral property
4) if grandmother had executed any gift deed in respect of her self acquired property her daughter's would not have any share in said property
It was your grandfather's property on which the firs rights will vest on the children of the deceased owner if he or she died intestate. Therefore the seven daughters of your grandfather are eligible and entitled to a share in their father's property. The latest ruling has nothing to do with it and it is not applicable to this situation.
As far as the gift deed executed by your grandmother in your favor shall be valid and your paternal aunts do not have any rights in it nor will they be entitled to claim a share in that property because it was a married woman's property and your grandmother had full rights to settle it or dispose the same in any manner as per her desire and wish. Thus the gift deed executed in your favor by your grandmother is very much valid and nobody can claim a share in it.
Hi, The latest Supreme Court judgement will not applicable to your fact and circumstances of your case. Daughters have right over the self acquired property of your grandfather so they have right to claim their share in the property.
If the gift deed is unconditional and has been validly executed then the title of the property has passed to you. The daughters of your grandfather cannot claim a share in the property unless they can prove the properties as ancestral or that the gift deed was executed under duress or undue influence by them. The latest ruling of the SC applies to only ancestral property.
1. Since your grand father was not alive in 2005, his 7 daughters cannot claim right in your grand father's property now.
2. More over as per your narration, the land was gifted to you through registered deed in 2002 itself and now the case cannot be reopened.