Share in property
Vilas
(Querist) 28 July 2017
This query is : Resolved
how to decide whether the property received by my father is by inheritance or as coparcener under hindu succession act. .Grand father acquiired the poperty. had two sons and three daughter. They were staying in this property over the period three daughter s got married and brother was paralised. His sisters claimed property share but was not given any thing till today . At present only one sister is alive and is bed ridden. My father is transferting the property to his daughter in law . Whether as a daughter or my daughter has any right in the property
With referance to above query 1. i want to add that no partition has taken place
2 there is no document which suggest that my father is the owner except
property tax bills.
3 The land is still in the name of grandfather and municipal authorities have
refused to tranfer the land in my fathers name
Wil it make any difference
Ms.Usha Kapoor
(Expert) 28 July 2017
Since you can'
t trace the property up to 4 degrees ascent your Grandfather seems to have acquired his property through his own exertion and skills. Hence it is self acquired property of your grand father.If it i self acquired property he can do anything with that property he likes. He is at liberty to give his property to his daughter in law.No one has aright to question him on this count.
P. Venu
(Expert) 28 July 2017
Yes, the facts posted suggests that it is the self acquired property. The father can dispose of the same at his discretion.
Ms.Usha Kapoor
(Expert) 28 July 2017
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Rajendra K Goyal
(Expert) 28 July 2017
Your grandfather acquired the property, it is not ancestral in the hands of your father.
He can sell / gift / mortgage / bequeath a will for his share in the property.
Kumar Doab
(Expert) 28 July 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 28 July 2017
Apparently it is self acquired.
And it is simple matter of inheritance ( Intestate Succession).
Succession opens on date of death.
The self acquired property of Hindu male devolves upon ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters..............
So your father gets equal share in property of his deceased father............
The property that devolves by inheritance is of nature self acquired.
Owner can dispose his/her self acquired property in anyone's favor in his life time by a valid/registered deed and NO one has any forced share in it...
Vilas
(Querist) 28 July 2017
With referance to above query 1. i want to add that no partition has taken place 2 there is no document which suggest that my father is the owner except property tax bills. 3 The land is still in the name of grandfather and municipal authorities have refused to tranfer the land in my fathers name Wil it make any difference
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=792601
Kumar Doab
(Expert) 29 July 2017
It appeared to be simple matter of inheritance.
Since MC authorities are objecting, for reasons known to you or them, take help of a local senior very able counsel specializing in revenue/succession/civil matters for a considered opinion on merits...............
