Rights in father's property
Darshan Shukla
(Querist) 21 May 2012
This query is : Resolved
Dear Sir,
My father is having his mother, 3 sisters and one younger brother in family. My grand father passed away recently. We are having almost 1.3 Ha of Agriculture land in which name of my grand father and all the children is present in 7/12 papers.My grand father got this land as a beneficiary when his brother died. My grand father has not made any will for his property. Now all daughters of him are asking their rights in the property. They have taken money & gold from my grand father on many occasions for their home. My question is that can all this money and gold given to them be considered while partition of property. Can we ask the court to debit the same from their share? Do they have right on the property which my grand father got as a beneficiary from his brother? Any help in the matter will be highly appreciated.
Shonee Kapoor
(Expert) 22 May 2012
Daughters have equal right in the property as legal heirs.
Even if it was ancestral property, there rights won't/ can't be curtailed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 22 May 2012
However, if your grandfather died before 2005. The rights of the daughter in ancestral property would depend upon the state you are in.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Darshan Shukla
(Querist) 22 May 2012
Dear Sir,
The daughters have taken money and gold from my grand father many times. Cant it be considered while division of the property? Can my father claim share of my sisters in the same property?
This is my main point of concern.
Kishor Mehta
(Expert) 22 May 2012
Sir,
What ever the daughters have received from your grand-father is considered a gift from him and can not be considered a share in the property unless specifically mentioned by your grand-father in writing and the daughters having accepted the same.
Kishor Mehta
