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RVB (assistant)     18 July 2018

Daughter's claim on father's self acquired property

Sir / madam

My father-in-law was expired 1 year back and he was not executed any WILL for any of his property transactions. My father in law has 3 children’s. Elder 2 daughters  ( both are married in year 2007 and 2016 respectively ) & 1 younger brother aged 33 yrs (got married in 2016). We are living in Karnataka.

My Father-in-law has following properties-

Residential House – before the demise of my father-in-law he gifted to my mother-in-law.

Fixed Deposit – my father-in-law nominated in the name of my mother-in-law and his 1 Younger son.

Residential site 4 nos – Still these properties are in the name of my father-in-law who expired 1 year back.

Now, in recent days my mother-in-law and my brother-in-law both started telling that “My father earned the all properties at his own capacity i.e. Self Occupied, So daughter has no right at all”. He is sending whatsup images saying that daughters are not eligible for Self occupied property as per hindu act.

My query is – Even after my father- in-law has not executed any WILL but still my mother in law can Transfer or Gift all the Properties (House + FD + Residential Site’s etc) in the name of his younger Son without consulting her daughters ?

Please explain



Learning

 3 Replies

Raghav Arora   18 July 2018

Hi! Thanks for the question!

As the FD and the residential house has been gifted to/nominated in the name of the mother-in-law and the son, these properties are at the disposal of the mother(Residential) and son(FD, Jointly).

As far as the 'residential site 4 nos' is concerned, as it has not bee written for yet, and is self earned it shall be divided among the class 1 heirs equally ie. Wife and Children.

Aks   19 July 2018

Let me start with a basic rule:  Any property if given by the owner ,to anyone while the owner is still breathing (alive) is considered "ADEEMED ASSET"  that means the owner has given it permanently UNLESS the owner has something different in a written statement. Based on this rule,  residential house is gone to mother in law. Now, FDs, if there is nomination done in proper legal format, then FDs are also gone.  

Lets talk about the remaining 4 residential sites.  Assuming that these are your father in laws SELF ACQUIRED properties. What is self acquired ?  Any property which is bought by the owner with his own earned money during his life time. 

When there is NO WILL, it is called "Intestate Succession"  that means these 4 properties will be distributed according to the Hindu Succession Act, among CLASS 1 HEIRS.  In  your case, there are 4 class 1 heirs...(1) your mother in law (2) two daughters (3) One Son.  So, each one gets 1/4 share of these 4 left over properties.

My advice: Dont pay attention to those stupid Whattsapp messages...Get the authoritative advice from people who know the laws. Best of Luck !

 

 

2 Like

G.L.N. Prasad (Retired employee.)     19 July 2018

A simple and straight forward reply.@ Aks.


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