Want to know the property rights for girl child....
Sonali Mondal
(Querist) 20 July 2015
This query is : Resolved
My father want to make a will and gives his property to some other person/Gift to Charitable Trust, then is his daughter can not inherit any property according to HINDU property act?
SO does his daughter shall not get any property?
Kumar Doab
(Expert) 20 July 2015
Your father can give away his self acquired property/estate to anyone in his life time as it pleases to him say by WILL/Gift/Sale/mortgage etc.........
If the property is ancestral then you may succeed to ask for partition.
Show the related docs to an able lawyer dealing in family/property/revenue/civil matters.
M/s. Y-not legal services
(Expert) 20 July 2015
i am duly agree with our expert mr.Kumar doab. so please state the clear fact about your query madam.
the mentioned property is self acquired or ancestral property?
M/s.Y-not legal services
Rajendra K Goyal
(Expert) 21 July 2015
Your father can bequeath his self acquired property in favor of any one he wish, daughter can not object / claim her share in such property.
Guest
(Expert) 21 July 2015
Well Advised by Experts Mr.Kumar Doab and Mr.Thanga Pandian
Sonali Mondal
(Querist) 21 July 2015
hello & thanks a lot
all the Experts over here ..
*Experts Mr.Kumar Doab and Mr.Thanga Pandian
**Yes, It's my late grandfather's property, but after mutation it's on my father's name only. Now my father wants to Gift/Sell to Charitable Trust/Some other person.
Kumar Doab
(Expert) 21 July 2015
How your father's name was entered in mutation record say by effect of death certificate of grandfather ( owner) or WILL Or registered partition deed?
If the status of the property has not changed to self acquired of your father say by valid WILL Or if it has not been partitioned by registered deed then you may succeed to claim partition.
Consult a local lawyer specializing in family/property/civil matters with all docs on record.
Sonali Mondal
(Querist) 21 July 2015
*Expert Mr.Kumar Doab
My father's name was entered in mutation record by registered partition deed.
M/s. Y-not legal services
(Expert) 21 July 2015
Right.. First the property is your grandfather's.. As per the partion deed of your grandpa's legal heirs your some portion alloted to your father. Subsequently mutation records changed to your father name for the concern portion. Now your query about the same property..
Am i right?
Sonali Mondal
(Querist) 21 July 2015
*Experts Mr.Thanga Pandian
** Yes you are right
M/s. Y-not legal services
(Expert) 21 July 2015
Then its not your father's own property. He can not act over the property as of his wish. You are entitled to claim your share
Kumar Doab
(Expert) 21 July 2015
You have posted that:
"My father's name was entered in mutation record by registered partition deed. "
The property has been divided by the users in the joint Hindu family, by registered partition deed.
Once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.
Thus the property in your father’s hands seems to have acquired the status of ‘Self Acquired’.
Any property, to qualify the test, to be identified as Ancestral property, should be owned by the great grand father followed by grand father, father, and present generation all in this linear generation living & enjoying the property.
You seem to have NO clinching proof to establish it is an ancestral property.
Usually parents do not discriminate children and as far as a daughter.
The intervention by elders of the family, neutral well wishers may help and your father may agree to give a share to you, by his sweet will. OR he may cancel his decision to give it away to some other person/Gift to Charitable Trust. He may not even write a WILL. Then you shall succeed to get share after his demise.
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
You may wait for advice of experts.
You also have the option of availing second opinion by showing all of the related docs to a experienced and trusted Lawyer dealing in family/property/revenue/civil matters.
The lawyer that has examined all docs and inputs can certainly advise you the best.
M/s. Y-not legal services
(Expert) 21 July 2015
Kumar doab sir, good evening..
sorry for over ride or interfere with your thought.
As of the given statement, the property can not be treated as father's own property sir. Since he got through partition, his excisting heirs also entitled to claim their share..
Am i right?
I hope this authour may be born at the time of partition..
Kumar Doab
(Expert) 21 July 2015
Dear Mr. Thangapandian,
You are always welcome.
The information from querist is coming in pieces.
From the language of posts the querist seems to be a female.
She should reply to the point raised by you.
Sonali Mondal
(Querist) 22 July 2015
hello & thanks a lot
all the Experts over here ..
** I am really happy that you all help me out in this property matter.
***as per your suggestions i will talk with any good legal adviser and will keep in my all the important points which are mentioned over here.
T. Kalaiselvan, Advocate
(Expert) 24 July 2015
I am very sorry to interfere with the opinion given by learned friend Mr. Thanga Pandian and also would like to respectfully disagree with his opinion to the author's query.
The author has clearly stated that the property was inherited by her father through a registered partition deed from his father. Thereby the property becomes his own property by which he has full rights to dispose it in the manner which pleases him or as per his plan or intention. The daughter has no rights to claim a share out of it.
Even otherwise this will not become ancestral property if it was a self acquired property of her grandfather and devolved upon his legal heirs on his intestate death.
The author's query is very clear without any ambiguity.
