RIGHT OF DAUGHTER IN PROPERTY
RAM GOPAL SHARMA
(Querist) 25 December 2010
This query is : Resolved
My father has created a gift of agricultral land which was self acquired by him at the time of abolition of tenancy act in Rajasthan in samvat 2015, in favour of me along with two brothers on 03.09.2005. Now my sister has challenged the gift and filed civil as well as revenue suit in the appropriate courts in Rajasthan. Pl let me advise whether legally they can claim the share in self acquired property of my father.
Pl advise.
Regards
Hemant Kumar
R.Ramachandran
(Expert) 25 December 2010
If the property is self-acquired property of your father, then he has the right to dispose of the same in any manner that he likes. If he has given the said property in WILL to his sons (that is you and your brothers) and not to your Sister, he has every right to do so. Your sister cannot claim the share in the property. However, your sister can very well challenge the validity of the Will on the ground of undue influence, pressure, coercion, fraud etc. It is for you to defend the validity of the WILL.
Y V Vishweshwar Rao
(Expert) 25 December 2010
Self acquired Property of father transfered by father by Gift Deed during his life time - property is not available by the date of death of father to be succeeded by his legal heirs -
However the Rajasthan State Revenue / Tenancy Law/s to be verified regarding Tenancy rights and nature of tenancy of father - its implications under Local Revenue Laws
Advocate Bhartesh goyal
(Expert) 25 December 2010
No,Your sister has no any right to challange the gift deed of self acquired property of. your father.
adv. rajeev ( rajoo )
(Expert) 25 December 2010
When it is your father's self acquired your sister cannot have the share. What are the grounds she has challenged the gift?
Kirti Kar Tripathi
(Expert) 25 December 2010
a person can dispose of his self acquired property in any manner as he wish, no one has any right to challenge his action, thus your sister has no right to challenge the gift deed.
