Married daughter's right to share in property of deceased parents
rbishal
(Querist) 10 March 2014
This query is : Resolved
MY GRANDPARENTS HAVE ONLY 2 CHILDREN 1 MY FATHER AND ANOTHER MY AUNT. MY GRANDFATHER HAD PROPERTY 1 AND GRANDMOTHER HAD PROPERTY 2 IN THEIR OWN NAME.
MY GRANDFATHER DIED IN 1999 AND MY GRANDMOTHER DIED IN 2005, BEFORE DEATH MY GRANDFATHER HAD MADE AN WILL IN WHICH HE STATED THAT AFTER HIS DEATH ALL HIS BELONGINGS SHOULD BE TRANSFERRED IN NAME OF HIS ONLY ONE SON I.E MY FATHER AND NOTHING TO BE GIVEN TO HIS DAUGHTER I.E MY AUNT AS ALL HER SHARE (WHATEVER HE DESIRED) WERE GIVEN BY MY GRANDPARENTS DURING THEIR LIFETIME AS GIFTS FROM TIME TO TIME AND IN THE FORM OF DOWRY AT THE TIME OF HER MARRIAGE TO MY AUNT.
MY GRANDMOTHER DIED WITHOUT LEAVING ANY LEGAL DOCUMENT OR WILL BUT SHE HAD WRITTEN & SIGNED HER LAST DESIRE AND WILL ON A PIECE OF PAPER STATING THAT ALL HIS PROPERTY 2 AND BELONGINGS TO BE GIVEN TO MY FATHER AFTER HER DEATH AND CLEARLY WROTE THAT SHE HAVE GIVEN THE SHARE OF HER DAUGHTER DURING HER LIFETIME AND NOTHING SHOULD BE GIVEN TO HER DAUGHTER I.E MY AUNT AFTER HER DEATH.
ACCORDINGLY MY FATHER GOT THE PROPERTY 1 & 2 TRANSFERRED IN HIS OWN NAME. NOW MY AUNT THREATEN THAT SHE WANT HER EQUAL SHARE IN THE PROPERTY 1 & 2 OF THE DECEASED PARENTS.
PLEASE ANSWER THAT,
1. WHAT ARE THE MARRIED DAUGHTER'S RIGHT TO HAVE SHARE IN PROPERTY OF FATHER OR MOTHER AND UNDER WHAT CONDITIONS?
2. CAN MARRIED DAUGHTER CLAIM SHARE IN PARENT'S PROPERTY EVEN AFTER MARRIAGE OF 30 YEARS (MY AUNT WAS MARRIED 30 YEARS AGO) AND WHEN SUCH PROPERTY IS ALREADY TRANSFERRED IN THE NAME OF SON AS PER LAST WILL & DESIRE OF PARENTS?
3. IS THERE ANY TIME LIMIT TO CLAIM SHARE (IF ANY)? I HAVE HEARD THAT AN MARRIED DAUGHTER CAN NOT CLAIM HER SHARE IN PROPERTY OF HER DECEASED PARENTS AFTER 10 YEARS OF HER MARRIAGE OR 5 YEARS OF DEATH OF PARENTS WHICHEVER HAPPENS EARLIER.
4. WHAT ARE THE RIGHTS OF THE MARRIED SON'S RIGHT TO HAVE SHARE IN PROPERTY OF FATHER OR MOTHER AND UNDER WHAT CONDITIONS?
5. IS LAST WILL & DESIRE WRITTEN & SIGNED ON PLAIN PIECE OF PAPER IS EFFECTIVE?
Daksh
(Expert) 10 March 2014
Dear Rbishal,
It is evident from your message under reply that your grandparents have had their self acquired immoveable property which they chose to give one of their sibling hence other sibling i.e. married daughter cannot stake claim for the same. In so far the contents of will are concerned the same shall be considered by the probate court when the will shall be considered to be probated. For all practical purposes the Law of Succession shall apply (it is advisable to see the schedule attached to the same for arriving at the share). Will on a plain paper is also subject to be approved by the probate court. Hope this clarify thanks and best regards.
Daksh
rbishal
(Querist) 10 March 2014
thanks for reply
please explain that what do you mean by probated and 'Will on a plain paper is also subject to be approved by the probate court.'?
can you mention the conditions and time limit as asked in question 1 & 2?
Anirudh
(Expert) 10 March 2014
Dear Rbishal,
I think the white paper on which your grand mother wrote her will, has not been attested by any Witness.
Am I correct?
Rajendra K Goyal
(Expert) 10 March 2014
1. If parents expire intestate, daughters (married or unmarried)have equal share like other legal heirs.
2. Married daughter can claim her share even after 30 years of marriage if property was transferred in the name of other legal heirs without any legal way or authority.
3. What is the source of such information?
4. Son has equal right like other legal heirs.
5. Valid as a will if ingredients of will fulfilled.
Agree with the expert, show all documents to a lawyer.
rbishal
(Querist) 11 March 2014
thanks to all for your sugesstion, please also consider following and suggest
1. what if parents dont wish to give their property to daughter?
my grandparents never liked my aunt after her marriage because of her greedy nature and selfishness and the intention of my grandparents during there lifetime is clear from their acts, deed and will made by grandfather and last desire written and signed by grandmother on plain piece of paper, that they have given share in property as desired and think fit, by way of dowry, gifts and money to daughter then,
A. HOW CAN SHE DEMAND SHARE IN PROPERTY WHEN SHE ALREADY GOT HER SHARE BY WAY OF DOWRY, GOLD ORNAMENTS AND CASH GIFTS ETC?
B. IS THIS FAIR THAT DAUGHTER ON MARRIAGE GET JEWLLERY, DOWRY, CASH GIFT ETC AND PLUS SHE DEMAND EQUAL RIGHT IN PROPERTY AND SON WHO SERVED HIS WHOLE LIFE WITH PARENTS GET ONLY SHARE IN PROPERTY?
my grandparents borrowed several private loans for the marriage and dowry payment of my aunt, which was repaid by my father.
IN GENERAL, AS PER HINDU LAW DAUGHTER CEASES TO BE MEMBER OF HINDU FAMILY ONCE SHE GET MARRIED AND BECOME MEMBER OF THE FAMILY IN WHICH SHE GOT MARRIED.
i searched on this topic here on LCI and found that parents can give there property to any one as they desire and i too belive that one can give their hard earned property to his son or daughter or give nothing and donate it to any 3rd party.
2. WHAT ARE THE INGREDIENTS OF WILL MADE ON PLAIN PIECE OF PAPER? AFTER SIGNING, WHAT TO DO TO MAKE IT LEGALLY EFFECTIVE?
my grandmother just wrote her desire and signed it and handed over it to my father to show it to my aunt that she (grandmother) dont want to give anything more now
it was just written and signed but does not include any witness or legal stamp, because my grandmother wrote and signed it just for informing my aunt about her desire as she stay in native village and my grand parent dont visit there because of ill health and nature of my aunt. before she could make her will she died of sudden first and last major heart attack.
GRANDFATHER'S WILL IS MADE BY ADVOCATE DULY SIGNED BY FAMILY DOCTOR AND GRAND MOTHER AS WITNESS, ONLY GRANDMOTHER'S WILL-SIGNED PLAIN PAPER IS IN QUESTION FOR IT LEGAL EFFECTIVENESS.
rbishal
(Querist) 11 March 2014
thanks to all for your sugesstion, please also consider following and suggest
1. what if parents dont wish to give their property to daughter?
my grandparents never liked my aunt after her marriage because of her greedy nature and selfishness and the intention of my grandparents during there lifetime is clear from their acts, deed and will made by grandfather and last desire written and signed by grandmother on plain piece of paper, that they have given share in property as desired and think fit, by way of dowry, gifts and money to daughter then,
A. HOW CAN SHE DEMAND SHARE IN PROPERTY?
B. IS THIS FAIR THAT DAUGHTER ON MARRIAGE GET JEWLLERY, DOWRY, CASH GIFT ETC AND PLUS SHE DEMAND EQUAL RIGHT IN PROPERTY AND SON WHO SERVED HIS WHOLE LIFE WITH PARENTS GET ONLY SHARE IN PROPERTY?
my grandparents borrowed several private loans for the marriage and dowry payment of my aunt, which was repaid by my father.
IN GENERAL, AS PER HINDU LAW DAUGHTER CEASES TO BE MEMBER OF HINDU FAMILY ONCE SHE GET MARRIED AND BECOME MEMBER OF THE FAMILY IN WHICH SHE GOT MARRIED.
i searched on this topic here on LCI and found that parents can give there property to any one as they desire and i too belive that one can give their hard earned property to his son or daughter or give nothing and donate it to any 3rd party.
2. WHAT ARE THE INGREDIENTS OF WILL MADE ON PLAIN PIECE OF PAPER? AFTER SIGNING, WHAT TO DO TO MAKE IT LEGALLY EFFECTIVE?
my grandmother just wrote her desire and signed it and handed over it to my father to show it to my aunt that she (grandmother) dont want to give anything more now
it was just written and signed but does not include any witness or legal stamp, because my grandmother wrote and signed it just for informing my aunt about her desire as she stay in native village and my grand parent dont visit there because of ill health and nature of my aunt. before she could make her will she died of sudden first and last major heart attack.
GRANDFATHER'S WILL IS MADE BY ADVOCATE DULY SIGNED BY FAMILY DOCTOR AND GRAND MOTHER AS WITNESS, ONLY GRANDMOTHER'S WILL-SIGNED PLAIN PAPER IS IN QUESTION FOR IT LEGAL EFFECTIVENESS.
T. Kalaiselvan, Advocate
(Expert) 12 March 2014
Grandfather bequeathed his property by executing a Will duly signed by two witnesses in favor of his son, that is proper and the Will was acted upon by the son after the demise of his father though it was not probated. Now the alleged Will reportedly written by grand mother in a piece of paper without being witnessed by any one (?)is nothing but a piece of paper containing some information which has no legal validity. Therefore as far as the property let behind by the grandmother will be considered in law as intestate property in which all he legal heirs have a right of share and interest in it as her successors. The concept of daughter given away in marriage with dowry and all other huge articles including jewels etc, will not dis entitle or bar the daughter to claim her share in the intestate property, that has no bearing or impact to this subject.
Further your question which reads thus "IN GENERAL, AS PER HINDU LAW DAUGHTER CEASES TO BE MEMBER OF HINDU FAMILY ONCE SHE GET MARRIED AND BECOME MEMBER OF THE FAMILY IN WHICH SHE GOT MARRIED" is showing your ignorance of law. How will she cease to be a Hindu just because she was married?
WHAT ARE THE INGREDIENTS OF WILL MADE ON PLAIN PIECE OF PAPER? AFTER SIGNING, WHAT TO DO TO MAKE IT LEGALLY EFFECTIVE?
The will should have been witnessed by two independent witnesses who are other than the beneficiaries. Then only it attains the legal status.
So consult a lawyer, go for an amicable settlement and be litigation free.
R.V.RAO
(Expert) 19 March 2014
agree with sri kalai selvan ji.
female legal heirs are entitled to equal share in property post the hindu succession amendment act 2005.
if will is made and duly signed by testator and duly witnessed by 2 independent witnesses, get it probated by a competent court of law.
if YOUR G.F MADE A PROPER WILL OF SELF ACQUIRED PROPERTY,THEN YOU NEED TO PROBATE THE WILL AND FOLLOW THE SAME.
AS YOUR G.M did not make a proper will it is considered intestate property of hers, which all legal heirs share equally.
