Can daughters claim stake as a property heir on father.
Querist :
Anonymous
(Querist) 14 February 2018
This query is : Resolved
I am a son residing at Hyderabad and My grand father who has passed away,had transferred property through gift deed to my father at delhi. Please help me with my below mentioned queries:
1) Can daughters stake claim over this property that my father has acquired through a gift deed and file a case on my father to attain the property share ?
2) If my father wants to transfer the property on my name, is it necessary for us to get the transfer done by going to Delhi or can it be done at Hyderabad itself ?
Vijay Raj Mahajan
(Expert) 14 February 2018
1. This seems to be self acquired property of the father in which the children don't have any claim during the lifetime of the father. The daughter's claim will fail.
2. Property transfer can be done through registered deed of sale or gift as the case maybe in the district/state where the property is situated, in this case in Delhi. Father may give registered POA in favour of someone to get the transfer process completed on his behalf in Delhi if he's unable to travel and do the necessary process in person.
Querist :
Anonymous
(Querist) 14 February 2018
Thanks a lot for your helpful feedback. Yes i think it may qualify as a self acquired property as my father got one of the shares as gift deed and two brothers of his got their shares as gifts respectively, hence it no longer qualifies as ancestral property am i right ?
Let me know if my father is free to transfer the property only on my name if he chooses, or will he have to compulsorily enlist the daughters as well for property share after his demise ?
If he chooses only me as a legal heir to this property after his demise, then can the daughters claim a stake at it ?
Guest
(Expert) 14 February 2018
Just following the advise of Advocate Mr. Vijay Raj Mahajan would avoid complications in future/iong run.
Kumar Doab
(Expert) 14 February 2018
Pls post with your ID and you can get many replies...
When you post in new thread with your ID post clearly; the personal law that applies in this case say; Hindu?
Querist :
Anonymous
(Querist) 14 February 2018
Thanks Kumar Doab, yes I�m a Hindu ..!
Ms.Usha Kapoor
(Expert) 15 February 2018
Since the property had passed off from your grandfather to your father TO YOUR FATHER IS THROUGH GIFT DEED IT SHALL BE PRESUMED AS SELF ACQUIRED PROPERTY AND YOUR FATHER CAN GET ABSOLUTE OWNERSHIP OF THE PROPERTY WITH ALL THE ATTRIBUTES SUCH AS SELL,BEQUEATH,MORTGAGE, GIFT ETC.transfer OF PROPERTY CAN BE DONE AT THE PLACE WH9ICH IS Delhi IF YOUR FATHER IS UNABLE TO MOVE TO ANY OTHER PLACE AND PROPERTY IS SITUATE IN Delhi EITHER BY SALE OR GIFT. Since PROPERTY is IN YOUR FATHER'S NAME HE CAN TRANSFER TO ANY ONE ELSE INCLUDING YOU LEAVING OFF YOUR SISTERS. THEY CAN'T CLAIM ANY SHARE IN THAT PROPERTY OF YOUR FATHER.
Sudhir Kumar, Advocate
(Expert) 15 February 2018
1) Can daughters stake claim over this property that my father has acquired through a gift deed and file a case on my father to attain the property share ?
AFTER GIFT THIS WAS NO MORE PROPERTY OF YOUR GRANDFATHER
Sudhir Kumar, Advocate
(Expert) 15 February 2018
2) If my father wants to transfer the property on my name, is it necessary for us to get the transfer done by going to Delhi or can it be done at Hyderabad itself ?
YOU HAVE TO BE PRESENT BEOFRE THE REGISTRAR WHERE PROPERTY IS LOCATED.
Querist :
Anonymous
(Querist) 15 February 2018
Thanks for your feedback Ms Usha and Mr Sudhir..
My sister is actually warning my father that she will drag him to court if she does not get a share in this self acquired property, so now I understand that she will lose the case if she does that, am I correct ?
Kuummaar AS
(Expert) 15 February 2018
In another post, Respected Expert Shri Sudhir Kumar has rightly told the meaning of “Vella”. It is is a slang in Punjabi, which means one who does not have any work and roams here and there aimlessly . The word is mostly used in a lighter sense, as it is not a substitute for unemployed or jobless.
It is recollected that at some point of time, Respected Expert Shri Raj Kumar Makkad had used this word for some querist.
Querist :
Anonymous
(Querist) 15 February 2018
Thanks for your feedback Ms Usha and Mr Sudhir..
1) My sister is actually warning my father that she will drag him to court if she does not get a share in this self acquired property, so now I understand that she will lose the case if she does that, am I correct ?
2) Also is it necessary for me and my father both to be present before the registrar for property to be transferred on my name or only my father needs to be present there at Delhi ?
Sudhir Kumar, Advocate
(Expert) 15 February 2018
In Hindi cinema one need not be present before the registrar/tehsildar while acquiring/disposing a property but not in actual life.
Sudhir Kumar, Advocate
(Expert) 15 February 2018
You have so far not disclosed how old is the gift of property to your father.
Querist :
Anonymous
(Querist) 15 February 2018
Hahaha nice sense of humour Mr Sudhir 😂.. The property is over 50 years old and was on my grandfathers name. It was transferred through a gift deed 15 years ago to my father.
Dr J C Vashista
(Expert) 16 February 2018
If you are seeking an obligation from experts on this platform you will have to disclose your identity as per rule. No reply for anonymous author.
Otherwise consult a local lawyer.
Querist :
Anonymous
(Querist) 16 February 2018
Well this is my first post and did not know that this is the rule to not make anonymous posts.. Will not repeat it, however just out of curiosity want to ask that if this is the rule then why is there an option to make anonymous posts ? 🤔
Guest
(Expert) 16 February 2018
Hidden persons do not deserve any advice.
