Daughter's claim on father's self acquired property

NO. No rights accrue when property is gifted or given by way of WILL.

Dear Kiran,

Since it is the self acquired property of your father, your sister will not be entitled to a share if your father makes a will.

The important thing is a WILL will come into force only upon the death of the testator making the WILL and the testator can make any number of WILL's during his/her life time revoking the previous Will's.

If a gift/settlement is made the benificiary will be entitled to its enjoyment from the day the settlement deed/gift is accepted  by the beneficiary

Dear Kiran,

A person can transfer/will his/her self aquired property to anybody according to his /her  wish.  Nobody can question it.

She can't legally claim after will/gift.

Your sister cannot claim share in self acquired property of your father. However, if she claims and proves the property was purchased out of family funds and/or funds generated out of ancestral property then she has right

Thank you all for clearing my doubt.

Yr reply :Your sister cannot claim share in self acquired property of your father. However, if she claims and proves the property was purchased out of family funds and/or funds generated out of ancestral property then she has right

My Querry :Pl provide relevant rule/sub rule,court judgements to substantiate stance stating that "a Married daughter cannot claim her rights on share in self acquired property of  father,where the property was NOT purchased out of family funds and/or funds generated out of ancestral property"
 

Dear Zein,

The Comments from you to Kiran was clear,I have a continued doubt with the same question.

What do you mean by family funds and/or funds generated out of ancestral property?

What if Kiran's Dad is still not divided/partion made with his ancestral property but stays different and earned this propery. Will this comes under Hindu Undivided Family?

What if Kiran's Dad brothers claim that they have given funds to it but dont have source of funds to prove?

Please advise
 

Family funds and/or funds generated out of ancestral property means  money generated from the sale of ancestors property.

Can  sister claim through my mother. If she provokes mother for a divorce in order to cancel/revoke recently executed gift deed.

Can she claim throgh my mother, if she provokes my mother for divorce . Shall such condition can make gift deed(recently executed) void in order to provide alimony to mother?

Dear Sirs,

My father having a purely self acquired property he planing to make settlement deed or gift deed in my favour. My two sisters fighting for to claim  equal share on the property and also try for legally,  My first query 

1. Is there is any posible to take stay order from court before making settlement deed of Gift deed. 

2. One of my elder sister is staying  with us separtely out of three tenents without paying rent for more then 15 years and the Consumer card (ration card ) also in the same address. Is there any possiblities to file a suit as tenant act.

waiting for valuable reply

Thanks & regards

G.ManiKannan

Chennai

Dear Manikannan,

Q1: No

Reason: Stay order will be given only when a suit is pending in a court. Your father can execute a gift deed in your favour and you will get absolute rights over the property.

Q2: An eviction suit can be filed, but since she has been residing there for a very long time, the court may grant her sufficient time to vacate the premises.

Thank you very much Sir.

Which one is the safe, Gift deed or Settlement deed. Can Gift deed can be in favour of my two minor sons (grandsons of my father) and also appoint me as a manger of the property till the sons getting major.

Thanks & Ragards,

G.Manikannan