Inheritance of property by daughters (only)
Bikram Singh
(Querist) 02 July 2016
This query is : Resolved
1. My wife has two more sisters. They don't have any brother. They are from Sikh family. My wife is the eldest. All three sisters are married with two children each. Their father i.e my father-in-law has following three properties:-
(a) Ancestral house which he acquired from his late father.
(b) A Plot -self acquired property
(c) A Flat -self acquired property
2. My questions are:-
(a) What is the disposal of the ancestral house? Can it be given exclusively to one the daughters, if other two sisters agree? If yes, then what kind of agreement is required? What are the legal rights of grand children i.e children of three daughters on the property.
(b) What is the disposal of self acquired property?
(c) Can the father of daughters in his WILL give one of the property each as listed 1 (a), (b), (c) to three daughters?
Thank you
Siddharth Dev
(Expert) 02 July 2016
Ancestral property can not be transferred exclusively to single child or successor if they are more than one.
Thank you;
www.satron19.com
Kumar Doab
(Expert) 02 July 2016
The house inherited from father may not necessarily be ancestral.
Grandchildren may not necessarily have a share in self acquired property of grandfather.
Registered family agreement may rule out future litigation.
However consult with all docs on record with a very able counsel specializing in such matters for a considered opinion.
R.K Nanda
(Expert) 02 July 2016
Contact local lawyer.
Rajendra K Goyal
(Expert) 02 July 2016
All should proceed for registered family settlement.
Siddharth Dev
(Expert) 03 July 2016
You can only try. It will be hard for any lawyer because, all facts are not present in your query. or Kindly mention all facts.
Well, sometimes little details also helps an advocate to solve a case/ Suit. Further, I suggest you should meet an advocate with clean hands I belief you will get relief then.
Thank you;
Kumar Doab
(Expert) 03 July 2016
You may examine following impressions;
1. Your father in law is alive. Ancestral property is not partitioned.
Sisters/daughters can press partition.
2. Self acquired properties of your father in law can be disposed by your father in law, in his life time as it pleases to him e.g; sale/gift/WILL/mortgage in anyone's favor and none can force any right in these.
Therefore the alternative suggested by your father in law seems to be the best.
As already suggested 'Registered family agreement may rule out future litigation.'
Therefore draw a consensus and prefer the option that leaves no scope for future litigation.
However as already suggested : consult with all docs on record with a very able counsel specializing in such matters for a considered opinion.
