Father’s property transferred to sons, can daughters claim? Know the rights related to property


If a person dies without writing a will, there is often a legal battle between his heirs over the property. By the way, there is a clear provision in the laws regarding property as to how much claim which person has on which property. Raj Lakhotia, Founder, Dil Se Will, answers questions related to property.

Property often becomes a point of contention. Property is a major factor in family disputes. But there are clear laws regarding property, according to which it is decided who is entitled to which property and who is not. Awareness of these rights is necessary. If you are aware of your rights then no one can deprive you of your rights.

And if this happens then you can take the path of law and get your rights back. In today’s Haq Ki Baat series, questions related to property. Some readers had sent questions related to property to our associate newspaper Economic Times, which were answered by Raj Lakhotia, founder of ‘Dil Se Will’. Here are readers’ questions and Lakhotia’s answers.

T. Balaji Question- If a son transfers his father’s property to his sons, can the daughters claim it?

Ans- According to the law, daughters have equal rights in father’s property as sons. If the father is alive and has bequeathed his acquired property to the grandchildren, the daughters have no claim over it. If the father has died and the property has been transferred through a will, the daughter can challenge the will in court on valid grounds. But if the father died without writing a will, the daughters have equal rights in the deceased’s property and can claim it in court.

Sujit R. Question: Let A’s wife be B. The two have four children (sons C and D, and daughters E and F). If there is a deed of gift of residential property in the name of A and he dies during the life of B intestate, then-

1- Can wife B make a bequest to get that property?z

2- Since B died intestate, can daughters E and F claim a share in the property even though it is not the ancestral property of A?

Answer- Suppose A was a male Hindu who died intestate and the gift deed property was his own property. In such a situation, the wife cannot write a will for that property. If he dies intestate, all the Class I heirs under the Hindu Succession Act, 1956 will get an equal share in the property. Class 1 heirs would include the wife, children and mother of the deceased.

Question from Amit Kumar- I have a joint demat account with my wife in which she is the second owner. Suppose I die without writing a Will, what steps should we take so that the shares/mutual fund units are owned either in my wife’s name or in the joint name of my wife and daughter? Will succession certificate be required to transfer the ownership in the name of my family members?

Ans- In the event of your death, your rights as the first holder would be transferred to the second holder (wife) as both of you were joint holders of the demat account. This will be done by filling T-2 (Transmission Request Form) and submitting it along with the notarized death certificate of the first holder. After your death, if your daughter wants to transfer the shares/mutual funds in her name, she will have to submit the succession certificate.

Ganpati’s question- My wife and I have a joint will. We have three children. A child is not getting anything. Second is getting movable property and third is getting immovable property. We have put a separate condition in the will that whatever we earn in future will go to another beneficiary. Will it be legal?

Answer- A person can give his remaining or future property to any beneficiary through a Will and it is also legally valid. The legal heir can also be deprived of the property through a will, whereas in the absence of a will, he will be a part of the property as an heir. If a property is bequeathed to a legal heir through a Will, it becomes non-beneficial. The reason for this should also be mentioned in the will so that the court can understand why he has been excluded from the share in the property.

Disclaimer- Answers are based only on the limited facts asked in the question. Do not consider this as legal advice under any circumstances. If there is any dispute regarding the property, consult a lawyer and keep all the facts and documents with you.

(pc rights of employees)

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