Distribution of Property
somashekhar
(Querist) 22 June 2010
This query is : Resolved
Sir,
There is immovable property, it was joint registered between husband and wife. They have only two daughter, both are married.
After death of father, the elder daughter got entire property in her name by gift deed without notice to younger daughter.
Now younger daughter wanted to get her interest. Please advice, how the younger daughter get their share.
Please tell us, is younger daughter has rights.
Kundan Lal Nandwani
(Expert) 22 June 2010
yes the younger daughter has got the right only in the share of father's property as from your query it seems that he has not left any will in respect of his share. In that case all the three ie wife and two daughters are owner of equal share in father's property. As far as mother share is concerned, she has no right since the gift has been made by her and she being absolute owner can gift away. In all the younger doaughter can get only 1/5th sahrein the property. klnandwani advocate
Devajyoti Barman
(Expert) 22 June 2010
The mother can gift only her 1/2 share in the property. As regards other 1/2 share after the death of the father both the daughters and the widow gets equal 1/3rd share in the father's 1/2 share. In other words the younger daughter has got 1/6th undivided share in the property and to enforce her right she can file a suit for declaration of the said gift deed as null and void and for partition of the property.
G. ARAVINTHAN
(Expert) 28 June 2010
the sharing is to be legally done, otherwise can be challenged. go for a suit for a negative declaration
