Anonymous
Asked February 20, 2017

Claim to Property

  • 2 Answers
  • 848 Views

Sir, If I got the property from my parents(Self acquired), wife and daughter claim on those property?

Answers 2

We are assuming this is Hindu family and answering accordingly. Please let us know if this is not the case, we will get back to you with the relevant answer.

Self acquired property is any property purchased by an individual from his own resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property or acquired as a legal heir or by any Testamentary document such as ‘Will’ etc.

This is how successtion in self acquired property works: If owner of self acquired property expires without having made any will with respect to this property, then Class I heir under S. 15 of the Hindu Succession Act, 1956 will get a share in the property. You mention "Self acquired property". Do you mean YOUR Self Acquired property or your Parent's self acquired property? Please apply this rule accordingly.

Agree Comment 0 Agrees over 3 years ago
  • Default avatar
    Anonymous
    Thanks sir, Quick background my father got small property as settlement deed and some of the property purchased by father later. Few properties purchased on my mother name. Now my wife and daughter field suit on the above said property.
    Agree 0 Agrees over 3 years ago


In response to the following comment by you: 

Thanks sir, Quick background my father got small property as settlement deed and some of the property purchased by father later. Few properties purchased on my mother name. Now my wife and daughter field suit on the above said property.

 

Ancestral property is that in which the right on a property flows for 4 generations without any break or interruptions in title. You mentioned a settlement deed. This deed constitutes a break in the title. So, the property your father got as a result of this settlement deed has become HIS self acquired property, and is no more ancestral property. Hence your wife and daughter cannot claim any right to it. Your father can give it away to whoever he wants to give it to. Your wife and daughter cannot claim a share in the self-acquired property as a right, because it is your parent's absolute property and the parent (in whose name it is) can do with it whatever she/he wishes to, with it.

 

Agree Comment 0 Agrees over 3 years ago

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