Vikram 18 August 2015

Daughters right on fathers property

Hi,

My grandfather has 2 sons and 1 daughter. Grandfather had a property on his name and he has divided and given that to 2 sons equally. The property hasn't got a patta yet but the allotment order is in the name of both their sons. Property and other taxes are on their name only for the past 12 years.

Daugher has died 6 year ago and now the childs of the daugher are seeking rights on the property. Is this valid? Can they claim rights on the property which is on the 2 son's name for past 12 years?

Reply Follow

2 Replies

Laxmi Kant Joshi (Advocate ) 18 August 2015

You didn't mention by which method your grandfather divided his property by making registered family settlement deed method,your mother had submitted any relenquish deed in favour of your uncle, by making registered gift deed or by registered will deed, had the property mutated /transferred on the name of your uncles ? If your grandfather opted one of the above method then then the children of his daughter can not claims any share upon his distributed property .

Vikram 20 August 2015

The property is allotted by slum clearance board and in my grand father's name. He then divided equally to his 2 sons and now the property is allotted in their name in slum clearance board. Both of them paying their property taxes in their names for past 12 years. Can the daughters child have rights on this property?