Legal rights to children regarding self acquired properties
C.Anbalagan
(Querist) 13 July 2012
This query is : Resolved
sir,
I have two sons and one daughter. elder son birth year is 1986 daughter is 1988 and younger son is 1995. I and my wife aquired properties in the year between 1990 and 1993.without any aid and contribution recieved from my and her family.All of sudden my daughter got register marriage on her own wish I am living in Tamilnadu.
my question is,
1)whether my sons and daughter were having legal rights for my and my spouse properties.
or We can share the properties on our own wish.
2)If i get a release deed from my daughter without giving any property I want to know whether it is legally correct. otherwise how can i secure my properties without giving any share to my daughter.
C.Anbalagan
(Querist) 13 July 2012
sir,
3) If i write a will without giving any share to my daughter whether it is accepted.
If get the answers as soon as possible it will be helpful for me to take a decesion.
Thanking u
Anirudh
(Expert) 13 July 2012
Dear Mr. Anbalagan,
You say that the property was purchased by you and your wife.
If that is so, then the said property(ies) are your / your wife's personal property(ies.). Nobody (whether it is your son, daughter etc.) has any right to claim any share in the said property. Nobody has any share in the said property.
Therefore, you / your wife, are free to do whatever that you want to do or like to do with the said property of yours. NOBODY can either object or protest against your actions.
Either to sell, or to give the said property in GIFT or WILL, you do not require anybody's consent or no objection certificate or release deed.
If you / your wife have purchased the property(ies) and the said property is in your name / your wife's name, then by itself the property is safe. There is no requirement that you or your wife has to give any share to anybody - whether it is your daughter or son.
Therefore, be rest assured that the property is yours and it is safe with you. You do not need to any other action to protect your already protected property.
