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SANKARPRASAD (MNGR)     13 September 2024

Right of daughters after receiving stree dhanam

A man had onel own son and another three  daughters by the time of 1970.

He received some property from his adopted father 

In 1971 son was minor but father decided some small portion on the ne of minor son through Registered deed and acted as a GPA holder for son' s portion of property.

In this Nothing was allocated to any of the three daughters.

Again in 1978 Father and Son devided some more portion from remaining property through unregistered will .

In 2012 after all three daughters got marry and some portion of property on the Name of StreeDhanam given to all three daughters through registered settlement deed . 

Now daughters are claiming that Sthree Dhanam they received is not an actual part of their legal right in the actual property. T

hey have equal right in the remaining portion( after 1971 Document) and the 1978 unregistered document is not valid as per Hindu Succession Act( Amendment 2005). SthreDhanam what they recieved is not the part of their actual property on which they have legal right.

Now pl suggest what is the status of SthreeDhanam portion

and

Daughter's right on remaining portion ( after 1971 document). 

Total extent that daughters have a right.

Note : This is related to a Hindu Family and Father and Son both are nomore.

Regards

NVS Sankaram 

 

 

 



Learning

 7 Replies

P. Venu (Advocate)     13 September 2024

Irrespective of the streedhan, the daughters have a susbsiting equal right in the property left intestate.

SANKARPRASAD (MNGR)     13 September 2024

Thank you sir...

T. Kalaiselvan, Advocate (Advocate)     13 September 2024

If it was self acquired property of the father and the property was properly transferred by the father in favor of the person of his choice during his lieftime, then the other aggrieved children cannot calim any share in the property as a right.

Hence more details are required to render more proper opinion on the subject

SANKARPRASAD (MNGR)     13 September 2024

Sir, Good evening.

Father got this property through a Sealed Cover Will from his adopted father in 1942.

As I said earlier father and Son ( Now Son is major here) did some other division between them only through Unregistered deed in 1978. Both of them never considered any of the three daughters right in this unregistered  division.

I forget to mention ( extremely sorry for this)  :

From this unregistered division Again in 2012 father and Son divided 70% portion among themselves through Regsitered partition deed. And remaining 30% registered as SthreeDhanam to three daughters . Each daughter got 10% of total property by this. 

Now daughters are claiming they had an equal right like son in this Total Property (Existing Before 1978)as per Hindu Succession Act ( Amended 2005)and The Sthree Dhanam what they got is not a portion of their actual rightful property. Daughters main argument is Regsitered in 2012 partion deed between father and son is not valid .

Now the question is : What will happen if Daughters challenge 2012 Registered partition deed between father and Son...

What is the actual eligibility of daughters as on today...

Regards

Sankar Prasad

 

 

 

P. Venu (Advocate)     14 September 2024

"Daughters main argument is Regsitered in 2012 partion deed between father and son is not valid"

This is a settlement than a partition deed. And it was valid, having been executed during his lifetime. The legal heirs can inherit only those properties left intestate. 

"Now daughters are claiming they had an equal right like son in this Total Property"

Admittedly, both father and son are no more. The property that fell in the father's share (subsequent to the settlement) has devolved upon all his legal heirs i.e. the son and all the daughters (or the respective Class I heirs, if any of the children have predeceased their father).

What do you mean by "Now the daughters are claiming .............."? Have they filed a partition suit? If so, who has filed it? Who are the defendants?

Anyhow, there is scope for amicable settlement by grantin them their share in the father's property subsequent to the execution of the settlement deed. 

T. Kalaiselvan, Advocate (Advocate)     14 September 2024

Your clarification in the suibsequent post apepars to be an examination question.

However, my opinion is that the father had acquired the property through a Will (as what you have stated in the subsequent post). 

Then it becomes his own and absolute property.

But if the father and the son have divided the property in the year 1978 by an unregistered document, then what made them to go for a registered partition deed again in the year 2012.

Whtever, the father had shareed his property with his children by this registered partition deed which cannot be disputed or challenged by his daughters for having given lesser share in the property.

As per law, nobody other than the father has a right in the property hence the case filed by the daughters claiming equal share to that of the son  and challenging the partition dee d is not maintainable.

Not only the daughters but the son is also not having any right to claim a share in his father's property during the lifetime of the father.

If he is reported to have died intestate then the properties left behind by him shall devolve equally on all his legal heirs.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 September 2024

Father transferred 70% of the property to his son through registered deed during his lifetime. The daughters will have no right on the property transferred to son through registered deed irrespective of the SthreeDhanam transfer. I thought that there is a ban on SthreeDhanam, dowry or any other such transfer. Probably the son can have a 1/4 claim on the property illegally so transferrred. The transfer made long after marriage may not have been specified as SthreeDhanam in the transfer deed. The father may have just transferred his property among his children without specifying anything such as SthreeDhanam etc. The matter was over then and there.


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