Legal rights
Srinivas
(Querist) 10 May 2018
This query is : Resolved
(A) male Hindu got ancestral property (P) in 1978, (A) gave away (P) property orally to his daughter (D) and her son together in the year 1980. A died in 1984. Daughter(D) was enjoying property since 1980 by mutation with MCH and paying taxes, current bills since 1980 uninterrupted till date. In 2013 Daughter (D) and her son Partitioned property (P) and enjoying the same (P) since 5 years.
Q. Daughter (D) has a daughter (d). Does daughter (d) has any right over the property (P) ?
Kumar Doab
(Expert) 10 May 2018
Is D alive!
The property P of A is self acquired/earned or ancestral?
Ms.Usha Kapoor
(Expert) 11 May 2018
If property P is ancestral daughter d or grand daughter d has rights iin ancestral property as she is a coparcener, If it is not ancestral and it is self acquired Mother ad So0n have absolute rights in the property and they can deal with the property in any manner they like.as they are class 1 legal heirs.
Srinivas
(Querist) 11 May 2018
D is alive and P is ancestral
Srinivas
(Querist) 11 May 2018
D is alive and P is ancestral
Ms.Usha Kapoor
(Expert) 11 May 2018
Then daughter d or grand daughter of A has a Right in ancestral property and she can ask for a share in her mother's property which mother got right to ancestral property through her father.A. .d also s a coparcener and hence she can claim her share from her mother.
Srinivas
(Querist) 11 May 2018
Thank all for the reply. Section 14 of Hindhu succession act is not applicable here?
Srinivas
(Querist) 11 May 2018
Thank all for the reply. Section 14 of Hindhu succession act is not applicable here?
Guest
(Expert) 11 May 2018
You seemed to have taken a good test of experts. By the way, which section applies in your case, as you said section 14 is not applicable?
To be frank, in my opinion, Ms. usha Kapoor has wrongly advised you.
P. Venu
(Expert) 11 May 2018
Why A, P, D, etc.? Please post the real problem. Moreover, how is that the property continues to be ancestral?
Srinivas
(Querist) 11 May 2018
My grand father got a property from a partition suit between his brothers in 1978. He gifted few plots to his daughters by registered gift deeds. He could not gift a plot to a daughter (d) but was alloted to her and everyone were put to position since 1980. D along with her son were residing till date. In 2013 d & her son partitioned and registed partition deed. Now daughters of d has any right?
Guest
(Expert) 11 May 2018
In whose name mutation is or are there, grandfather, his son, daughter or someone else?
Kumar Doab
(Expert) 11 May 2018
Your 1st post ;
“(A) male Hindu got ancestral property (P) in 1978, (A) gave away (P) property orally to his daughter (D) and her son together in the year 1980. A died in 1984. Daughter(D) was enjoying property since 1980 by mutation with MCH and paying taxes, current bills since 1980 uninterrupted till date. In 2013 Daughter (D) and her son Partitioned property (P) and enjoying the same (P) since 5 years. Q. Daughter (D) has a daughter (d). Does daughter (d) has any right over the property (P) ?”
Your last post:
“My grand father got a property from a partition suit between his brothers in 1978. He gifted few plots to his daughters by registered gift deeds. He could not gift a plot to a daughter (d) but was alloted to her and everyone were put to position since 1980. D along with her son were residing till date. In 2013 d & her son partitioned and registed partition deed. Now daughters of d has any right?”
Other threads in Forum;
Will Will Will
Adverse position vs succession law Adverse position vs succession law Legal hier will Legal hier will Stamp paper legal Will registration Will registration
The term P is used in other threads as well..and your own very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and having successful track record …..well versed with local revenue codes/rules/precedence’s…. and worth his/her salt …with whom matter was discussed in person and documents were shown ………….even with seasoned PIP……must have advised in person..
For such counsel one can check at LOCAL O/o Tehsildar, Civil Courts, HC,SC……..
Kumar Doab
(Expert) 11 May 2018
The 1st post and last post in this thread is different.
In 1st post you have termed ‘ancestral property..and year 1978’ and confirmed ancestral in subsequent posts..
In last post ‘property from a partition suit in 1978’
You may clarify the terms ; MCH and mutations with MCH….
What is MCH?
Who signed which documents and submitted to MCH for mutations with MCH….
Ancestral Property; …property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter…..
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
Property should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.
Some information might have been missed by you. If you have posted everything pertaining to this matter...confirm!
Has anyone that has examined all docs and inputs communicated that P is self acquired or ancestral!
Apparently P is not ancestral!
P. Venu
(Expert) 11 May 2018
THIRD AND FOURTH SENTENCE LACKS CLARITY. WITHIN MY LIMITATIONS I AM UNABLE TO MAKE HEAD AND TALE OF IT. IN SHORT, HOW DID 'D' INHERIT HER PROPERTY? WAS THERE ANY PARTITION OR SETTLEMENT OF THE INTESTATE PROPERTY?
Guest
(Expert) 12 May 2018
Academic queries do not often have any head or tail, more so when the querist has not yet come forward with any clarification.
