Share of property
brs
(Querist) 09 April 2013
This query is : Resolved
dear respective experts
thanks for all to clear my doubt , one of my friend have one son and daughter each, but the son have no good terms with my friend. Always fight with him Now he plan to accrue my firend's property fully by way of force. So his sister like to get her share What way she can file a case and get her share . please advise Can she file a suit before court and get her share?
Raj Kumar Makkad
(Expert) 09 April 2013
If the property is self acquired of your friend, he can debar his son from his entire property and can fully gift it to hi daughter by way of a registered gift deed and thus his son can do nothing.
Daughter during the life time of her father cannot otherwise claim through court.
brs
(Querist) 09 April 2013
thanks sir, my friend is not interested to give full property to his son. but the daughter fear that all propery will take by him without her and his father knowledge. so like to calim her right of share by way of court. if then what way she can file suit?
Raj Kumar Makkad
(Expert) 09 April 2013
Had you read my reply seriously, you would not have raised this subsequent question. I have already replied that your friend can gift either full or part of the property in favour of his daughter. There is no need to file any case. The process of gift can be got completed within 2 hours.
Advocate M.Bhadra
(Expert) 09 April 2013
daughter or son can not claim your friend's property during his life time.However if your friend died intestate left the property in his own name then his son and daughter have equal right.
Delhi High Court
Ms. Ilaria Kapur vs Sh. Rakesh Kapur & Ors on 28 May, 2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1353/2009
MS. ILARIA KAPUR ..... Plaintiff Through: Ms. Mala Goel, Advocate
along with plaintiff in person.
versus
SH. RAKESH KAPUR & ORS ..... Defendants Through: Defendant No.1 in person. Mr. Vinod Tyagi, Advocate
Adv k . mahesh
(Expert) 10 April 2013
gift deed means you can write you son name or your daughter whole property or equal share
and your daughter no need to go to court for her share
