Anandan Rajamanicam (Engineer) 13 April 2015

Property status

Dear Legal experts,

Please give your guidance for the following issue.. ( Tamil Nadu )

My father passed away in the year. 1970, I have my mother aged 82, and 4 sisters, all get married / settled well,

My mother given me gift Settlement deed, followed by My 4 sisters given Release Deed and it is duly Registered,

I consider Now I am absolute owner the Land & It is considered as Self earned.,

Now I wish to understand what should be my only daughter’s rights on the land.. ,

she is demanding 1/2 of the land ( 50% ) share on the land saying it is Ancestral property,

Last 7 years my daughter and her mother ( my wife ), staying separately due to some mis-understanding,

What should be my legal rights for Sale, ? and What should be my daughter's legal rights.

Thanks in advance for your guidance.

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5 Replies

K. GOPALAKRISHNAN (ADVOCATE) 13 April 2015

Dear Anandan Rajamanickam,

Your daughter and your wife are not entitled to your property which had transferred from your mother absolutely and moreover, your sisters have given release of the same. So you are liberty to alienate the property without any legal impediments. Any legal proceedings against you by your daugther and wife could be defended accordingly. Personally speaking, since they are being your legal heirs, try to settle amicably.

Regards,

Gopal

saravanan s (legal advisor) 13 April 2015

since you got the property from your mother through a registered gift deed its considered to be the self aquired property of yours.your daughter or wife cant lay any claim on it till you are alive.you dont need anyones consent to sell it or to do whatever you like

Anandan Rajamanicam (Engineer) 13 April 2015

Dear Sir, Thanks for your feedback, Since my Daughter Legal Heirs and she is major then when I SALE is it I have to get Sign of my Daughter also or I can sale without mentioning my daughter's details on the sale deed..

Since My Family Ration Card don't mentioned out my wife and daughter''s details, My mother and my name only showing on the family ration card.

Is it Buyer will insist to get my daughter's signature, If she is not willing to sign then what is your suggestion,

Thanks in advance.

saravanan s (legal advisor) 13 April 2015

since it is self aquired only in case if you die intestate your daughter along with your wife and mother will become legal heirs for your property.in all other scenarios the question of your daughter coming in as a legal heir doesnt arise.so you can will it,gift it, sell it or do what ever you want with the property.your daughter cant raise any objections