Daughter rights on property
Manohar
(Querist) 24 March 2015
This query is : Resolved
Dear Sir,
I requesting you expert's to please clarify the below issue.
I have a threat from my aunty she is a sister of my father.
My father and my aunty are the 2 children's to my grandpa's.
Issue is we have given 1.24acre land as a gift to her and in 80's my grand father purchased 10-15acre land and registered on her name. Now we have only 4acre land and we have 3children's to my father.
But there's no partition deed or court decree, so my aunty want to misuse this and she planning to claim another share. Can she be able to succeed.
Please tell me she born before 17 june 1956
...is she eligible.
I saw in website that those women born before 17th June 1956 are not eligible to claim property share, is that true.
Please help me, with your valuable thought's.
Thanks@Regards,
Manohar
kavksatyanarayana
(Expert) 24 March 2015
@AUTHOR, YOUR GRANDPA PURCHASED THE LAND IN HER NAME. IS THERE ANY PROOF THAT THE LAND WAS PURCHASED WITH HUF FUNDS. THEN ONLY YOU CAN FILE SUIT. OTHERWISE SHE HERSELF ONLY IS THE OWNER OF THAT PROPERTY WHICH WAS PURCHASED IN HER NAME. AND IF YOUR GRANDPA IS ALIVE, MAKE PARTITION DEED AMONG ALL THE LEGAL HEIRS INCLUDING YOUR AUNTY. IF YOUR GRANDPA IS NO MORE, INTESTATE, SHE IS ALSO HAVE RIGHTS OVER THE ANCESTREL PROPERTY.
Manohar
(Querist) 25 March 2015
Thank for your valuable thought's.
My grand paa and my father is no more. Therefore my aunty trying to claim more share.
There is proof of buying land on her name by my late grand paa with HUF funds...
Now, we gave 1.22acres land to her after transfer she sold and now wanting more.
We don't have partition deed, does it affect us.
My Aunty's 4th son and 1st daughter filed a case asking one third of property share. Are they eligible to claim property share.
Kindly advice. Thanks & Regards, Manohar
T. Kalaiselvan, Advocate
(Expert) 27 March 2015
You have stated that you have given your aunt 1.22 acres, how? by registered settlement or gift or sale deed?, what about the 10-15acres of land bought on her name?, is it still lying on her name or has been disposed?If it is disposed then by whom? What is the status of the 4 acre land in your possession now?, on whose name is the property stands now?,if it is on your grandfather's name then it will be divided into two equal parts between your aunty taking one such part and another devolving on your father's legal heirs.
Consult a local lawyer and take his opinion too by apprising him with the actual facts.
Manohar
(Querist) 28 March 2015
Hi Kalaiselvan Sir,
Thanks for your reply.
my late father given 1.22 acre land to her thru gift deed , RTc on her name, later she sold that land. The other land purchased on her name is still on her name only. She only in the possession.
1.2 acres land on my name and 1.2acres land on my sister name the property stands. On these 2lands my auntys 1daughter and 5son filed a suit.
To whom this case favours..?
Thanks
