Eligibility of daughter in house property
R.Rajendran
(Querist) 12 March 2012
This query is : Resolved
WE ARE 3 BROTHERS AND 3 SISTERS AND ALL ARE MARRIED 20 YEARS BACK.WE ALL ARE ALIVE AND OUR PARENTS ARE ALSO ALIVE.MY MOTHER HAS A HOUSE PROPERTY IN HER NAME IN CHENNAI.MY MOTHER WAS GIVEN THIS PROPERTY BY MY GRANDMOTHER IN 1956 AND MY GRANDMOTHER DIED IN 1980.MY GRANDFATHER HAD PURCHESED THIS HOUSE PROPERTY IN 1945 IN MY GRANDMOTHER'S NAME AND HE DIED IN 1949.I REQUEST MY ADVOCATE EXPERTS TO CLARIFY THE FOLLOWING QUERIES:
1)CAN MY MOTHER MAKE A SETTLEMENT DEED GIVING THIS PROPERTY TO HER SONS ONLY?
2)CAN MY MOTHER MAKE A WILL GIVING THIS PROPERTY TO HER SONS ONLY?
3)CAN THIS HOUSE PROPERTY BE CONSIDERED AS ANCESTERAL PROPERTY SO THAT DAUGHTERS CAN ALSO CLAIM EQUAL SHARE?
RAJI/CHENNAI
Adv.R.P.Chugh
(Expert) 12 March 2012
Yes - since your mother got the property by way of will/gift from her mother - in - law, it is her seperate property - in which nobody holds a birth right. The Succession opens only on her death. During her life-time she can do whatever she likes with the property - be it a will - a settlement deed.
Raj Kumar Makkad
(Expert) 12 March 2012
1. Yes. As this is self acquired property of your mother, she can make settlement as per her free will and wishes.
2. Yes. She can do so.
3. No.
Kiran Kumar
(Expert) 12 March 2012
rightly advised by both the experts.
ajay sethi
(Expert) 12 March 2012
agree with experts
ESTHERPRIYA
(Expert) 15 March 2012
Yes she can make settlement and will as she likes but on the face of the document it is seen that she has got the property by ancestral means. Hence it is better to add other sons and daughters as parties to the present deed to avoid any future litigations and complications.
