• Daughter's right in gifted property to their father

Hi,

I am a widow and I have two children son and daughter.My husband died in 2000 .At that time the property(agricultural land) which was on my husband's name got transferred on my name, my children and mother-in-law name.This property which I have mentioned was gifted to  my father-in-law from his relatives and later on when he was alive he transferred this property on my husband's name.My father-in-law died in 1983 he was survived by his wife,two sons and one daughter.Till year 2000 my husband was taking care of that agricultural land which was transferred by his father on his name after him I started looking into it. Now My husband's sister  is claiming her 1/4 share from my property as she is saying she din't got her share through her father as there was no will made by him and according to Hindu succession act she has right to get her share. I want to know is her claim valid? The property which I got from my husband and I was looking towards it till today.she wants her share from it.
Asked 3 months ago in Property Law from Pune, Maharashtra
Religion: Hindu
Since the proeprty originally belonging to your father in law was gifted to him, the same would be considered as his self acquired property.
In that context he can gift the same to anyone he chooses.
In your case since he gifted the same to your husband and later to you and the children along with your mother in law, your sister in law has semblance of right in this this and hence they got no share.
So ignore their demands.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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once FIL executed gift deed in favour of his son( ie your husband) he would be absolute owner of property. i presume gift deed was stamped and regd 

2) on his demise you ,your children and MIL would be heris 

3) your sister in law ie daughter would have no share in said property

4) even if she moves court she would not get any reliefs
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
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The heirs of a Hindu male who dies intestate sre his widow, mother and children, whereas sister succeeds only if none among his mother, widow or children is alive. So his sister has no share in his property.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Hi 
Your sister in law does not have any valid claim on the property. 
Your father in law had rightly transferred the property in the name of your husband probably prior to 1983(as your father in law died in 1983).
Prior to 1994, woman were not entitled to ancestral property. 
hence in your case, your sister in law does not have any claim whatsoever. 
Also law of limitation will apply in your case. 
if at all your sister in law wanted to stake her claim, she should have done it in the year 1983 and she cannot reopen the partition that has happened prior to 1983.
Moreover law favours you and your children as your husband was the owner, cultivator and also in possession of the property since 1983 and subsequently after 2000 , you and your children have succeeded in your own right as legal heirs of the properties of your husband. 
Also in accordance to Section 14 of Hindu succession act any property in possession of a woman is her absolute property. In your case, you derived an indirect title prior to 1983 when your husband inherited the property from his father and in the year 2000 when you came in to possession of the property as legal heirs of your husband.
Your sister in law is greedy and has been totally misguided in seeking a claim. she will loose her claim in all the courts in India.
Do not worry. 
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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1) let her file suit in court . 

2) it is not ancestral property

3) you should however reply to the legal ntoice through a local lawyer and deny all the allegations made in notice

4) also your mother in law can execute will bequeathing her share to you on her demise
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
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Ignore the warning. If she claims the property as ancestral she has to prove it in the court. File a caveat though. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Your sister in law's claim for 1/4h share in the property that was transferred by your father in law to your husband by a rgistered gift deed is not valid and any case filed by her in this regard shall not be maintainable. 

Why did she not raise this issue during the lifetime or her father or her brother?

You can refuse or reject her claim and ask her to approach court if at all she is aggrieved by your reply.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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My sister-in-law has sent a warning notice to me saying that she was unaware of her property share and we (Me,husband and my mother-in-law ) have sold some part of property without her consent prior to 2000 and now she wants her share and without giving her share me and my mother -in-law will not be able to sell this property and if we do so she will drag us to court  .And also she is mentioning false statement in warning notice as it is ancestral property but truth is its a gifted property to my father-in-law which later on got transferred to my husband and I have that proof also.

You give a reply notice denying all her alegations and may indicate that her false claim shall be challenged properly by you people
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Hi
The claims of your sister in law are empty claims and you need not worry at all. 
The Gift deed by your father in law in favour of your husband way back prior to his demise in the year 1983 should have been challenged by your sister in law long long ago. 
She cannot claim ignorance of the transaction after 33 years and more so when both the donor(your father in law) and the donee(your husband) has passed away. Law of limitation is strictly applied in all such claims. 
As such when your sister in law does not have any title,her consent is not needed in first place and your father in law has done the right thing by transferring his absolute property by way of gift deed to his son.  So you need not worry at all. 
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0

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