Hindu succession
Abdullah Karuthedakam
(Querist) 24 April 2012
This query is : Resolved
A person X from Hindu family decided to give his all self acquired property to his son. X has also a duaghetr. Is she have any right to claim for getting his fathers property ?
Shonee Kapoor
(Expert) 24 April 2012
If it is self-acquired, daughter has no right.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Abdullah Karuthedakam
(Querist) 24 April 2012
Thank you Shonee sir.
Sir, and also i would like to know which section deals with this ?
G. ARAVINTHAN
(Expert) 24 April 2012
Every person have right to convey all his self acquired property
Abdullah Karuthedakam
(Querist) 24 April 2012
Sir, my question is a father is decided to give all his self acquired properties to his son only.. hence, daughter tht person can approch court for get this property >?
Anirudh
(Expert) 24 April 2012
Dear Mr. Abdu,
You have a pair of pants purchased by you from out of your own funds.
Suppose you want to give it to somebody. Can you do so or not? Can anybody - your father, mother, sister, brother etc., legally object to your giving? If not, why not? It is for the simple reason, a person who owns a thing is the master of the same and can do anything with it as he likes.
Similarly, if you acquire any property out of your funds, then you can do anything with the property as you wish, and nobody - be it your father, mother, sister, brother, wife, son or daughter - can have any claim/right/interest over it.
It is only when someone dies leaving behind any property, that too without leaving any WILL, then the question of succession to the said property comes. Otherwise not. Therefore, during the life time, a person can do anything with his self-acquired property. If in his wisdom, wish and desire, he wants to give it to any particular person (whether it is a particular son, daughter or anyone, including a stranger) he can do so.
When nobody has any right over the said property other than the person who owns it, the question of approaching any Court to stake a claim on such property does not at all arise.
Shonee Kapoor
(Expert) 24 April 2012
It is related to law of will/ gift.
Any person can will anything/ gift anything which he has acquired himself to anyone he so wishes.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 24 April 2012
Your daughter has no say in the self acquired properties of you and you can make any arrangement of that property including your desire to gift the same in favour of your sole daughter.
prabhakar singh
(Expert) 24 April 2012
No,If father is exclusive owner and property is self acquired,to say not inherited from his father,he is the master and can dispose it off in any body's favor without any interference from his heirs be it his son daughter or wife.
Hence your sister has no cause of action at all to go in court to establish any right against your father if he desires to give it to you.
Get a gift deed registered in your name from your father.
Abdullah Karuthedakam
(Querist) 25 April 2012
Dear all, Let me clarify my questions once more...I understand all above answers.. thank you very much to all. I heard , there is recent judgment of High court of madras in favour of daughter. pls let me know the details of this...
My earliest que:
I have a query regarding self acquired property of neighbour. my query is that..
A father has a property in Tamil nadu. It is his self acquired property. They are 2 children, one son and one daughter. The daughter got married in 2010. If my father registers a will in my favour or gifts the property to his son, what will be my daughter's legal right on the property? Can she claim a share in the property later?
