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shankarao   02 October 2017

Right of a married daughter in her father purchas propperty.

The case is as under :
The appellent is the youngest sister amongust 6 sisters and three brother and mother.
Her father has purchased the following properties. BELONG TO HINDU RELIGION,
1)  Land measuring 4 acres and 8 guntas,
2) Land measuring 12 guntas,
3)  Three houses measuring around 9000 sq ft and 6 rooms,
4) Commercial shop measuring 3200 sq ft,
5) lquidity in the gold shop.
I need suggetions on the following queries.
 Youngest sister is the appellent.,
a) She got married in the year 1995
b) Her father died in the year 1972 when she was in the womb of her mother.
c) he died without making any will regarding these properties.
d) one of her brothers has given her a mere 3 guntas of land under a gift deed and in that he has taken signatures of the appellent as not to ask for any share in the remaining properties. the gift deed is not registered, mearly a noteried document in the year 2012.
e) she has fied a suit under Hindu succession act,,section 6 (Karnataka amendment section 6(A) ).. on 16 Jun 2016.
Please clarify whether her brother who has made a gift deed can have the signatures , and deny her right on the share of her in her fathers owned remeining properties.



Learning

 12 Replies

manoj   02 October 2017

Hi please call me to my cell no to solve your query at 8686159292

SHREY DAMBHARE   02 October 2017

You have only option to challenge Gift deed and File Suit for partation. But in your case, check whether limitation is barred.   

Vijay Raj Mahajan (Advocate)     02 October 2017

Gift deed is null and void. Anything which was void ab nito has no time limitation for challenging in court. Gift can be done for the property that was his sole ownership not where he just had one share. Secondly gift of immovable property has to be registered gift deed, registered by registrar or tehasildar not by notary. Her share as a Hindu class 1 heir in the property of her deceased father exists which she has sought and will be allowed to her.
2 Like

Siddharth Srivastava (Advocate)     02 October 2017

Daughter being class-1 legal heir is entitled to equal portion of the property. The property once gifted and if three years time has already lapsed then the gift cannot be challenged. Gift deed is required to be examined to render any advise. Settlement with one brother is not binding on other family members. Consult with details. Siddharth 9811776422

Kumar Doab (FIN)     02 October 2017

There is  NO gift deed.

The said deed may not be worth the paper on which IT is written. 

The gift of immovable property has to be mandatorily registered.

You can Test IT yourself.

NO authority shall and can effect change of title/ownership/mutations on the basis of said piece fo paper even if IT is notarised.

Until on unless on the said day is signed by said donor and accepted by said donee and on the day  purported gift  said to be valid gift deed..................there existed some Law that accorded it the staus of valid gift deed.

Which law ever existed that accords legal sanction to such Gift?

 

Kumar Doab (FIN)     02 October 2017

It is not understood what exactly do you mean by: 5) lquidity in the gold shop.

As far as 1) to 4) is concerned;

The succession opens as on date of death.

The daughter that was in mother's womb (wife of deceased father), unmarried and married later, has agitated in court of law and court of law shall decide on merits.............

 

Right now if the matter is in court of law your option is to contest on merits in court or settle amicably outside the court of law.

How are you involved in the matter!

What is the opinion of your own lawyer that has examined all docs on record and case file?

 

Kumar Doab (FIN)     02 October 2017

Which law ever existed that accords legal sanction to such Gift of immovable property?

 

shankarao   02 October 2017

Sir thanks for your advice,

As regards clarification of liquidity in gold shop it means gold ornaments and silver ornaments that were present in the business.(AUTHORISED STOCK AS PER SALES TAX AND INCOME TAX NORMS DEPENDING UPON THE RETURNS FILED)

The lawyer appering has confident that  he will win her share in the suit in the court of law.

thanks again.

shankarao   02 October 2017

thank you for your precious advise.

shankarao   03 October 2017

thank you sir,

shankarao   03 October 2017

Sir, thanks for your advise.

Kumar Doab (FIN)     03 October 2017

You are welcome..............


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