Dispute about property
Querist :
Anonymous
(Querist) 20 February 2020
This query is : Resolved
One of our family friends want to dispose their property and divide the proceeds among their three children ( one son and two married daughters ).
The property is solely earned by the father ( not ancestral ). However the son is demanding the whole property or proceeds to be given to him and none to the daughters.
My questions :
1. Do the married daughters have right to property( earned solely by the father, not ancestral ).
2. In case succumbing to pressure from the son, they write or transfer the property/proceeds only to the son, can the daughters challege it in the court of law ?
Raj Kumar Makkad
(Expert) 20 February 2020
1. No is the sole reply to your query no. 1.
2. No. As the property is self acquired of its owner, he may transfer the same in favour of any person and similarly he can transfer the sale proceeds in favour of any person of his choice.
Dr J C Vashista
(Expert) 21 February 2020
I endorse expert opinion and advise of Mr. Raj Kumar Makkad.
Whether father is still alive ? If so, it is self-acquired property of father who may dispose it as he desires, no one can force to change his decision. If not, whether the deceased left the property intestate ? In that situation, the property shall devolve upon all his legal representative equally.
Dr J C Vashista
(Expert) 21 February 2020
I endorse expert opinion and advise of Mr. Raj Kumar Makkad.
Whether father is still alive ? If so, it is self-acquired property of father who may dispose it as he desires, no one can force to change his decision. If not, whether the deceased left the property intestate ? In that situation, the property shall devolve upon all his legal representative equally.
Dr J C Vashista
(Expert) 21 February 2020
It is advisable to consult a local prudent lawyer with relevant documents for appreciation of facts/documents, professional guidance and necessary proceeding
P. Venu
(Expert) 21 February 2020
Any suggestion depends upon whether the father is alive or otherwise.
Querist :
Anonymous
(Querist) 21 February 2020
Thank you Dr. J C Vashista.
Querist :
Anonymous
(Querist) 21 February 2020
Thank you Venu ji.
The father is alive, my question is answered.
Just wanted to know if the married daughters can challenge.
T. Kalaiselvan, Advocate
(Expert) 24 February 2020
The proeprty belongs to their father.
It is his self acquired property,
A father is within his rights to give the self-acquired -property to his one son to the exclusion of other children or to all his children as per his discretion and desire. During his lifetime, none of his children have no right to claim it. He can pass the same to anyone of his choice or to everyone by gift or by will.
The Law gives an individual the full right to deal with the self-earned property in any manner that he pleases; whether it is transferring the property by way of gift, sale or a Will.
A person can dispose of the self-earned property to the exclusion of his heirs. The entire property can be gifted to a third person/stranger.
No legal heir can claim any right over the said property till the time the owner of the property is alive.
The legal heirs can exert their right only if the owner dies intestate.
Therefore it is clear that neither the son nor the daughters can claim any rights over the proeprty at least not during his lifetime
