Can sisters move to court demanding equal shares after partition
27-Jul-2023 (In Family Law)
My name is B.My father X died in 2009.After his death all the property(which he purchased & inherited) has been transferred to my mother(A). X had one son (B), two daughters(C&D). 1.Which way shall A,B,C,D can give some property to my wife (E) (gift, settlement etc) to avoid further complications from C&D? 2.If A, B, C, D registers a partition deed in which the whole property given to B’S share, except one house to A’S share and some nominal amount to C&D shares. At present my sisters are ready to give their share to me. Can C & D move to court demanding equal shares in future after partition.
HI,
1) ABCD by way of registered gift can transfer the property to E.
2) once C&D relinquishes their share and register their share to you by way of registration then they can not
move the court for their equal share in the property.
if your sisters are ready to give their shares to you you go for it and settle the issue peacefully.
1) ABCD by way of registered gift can transfer the property to E.
2) once C&D relinquishes their share and register their share to you by way of registration then they can not
move the court for their equal share in the property.
if your sisters are ready to give their shares to you you go for it and settle the issue peacefully.
Hi
Since A is now the owner and in possession of property, it is her absolute property.
In accordance to Hindu succession act, any property owned/possessed by a woman is her absolute property.
She can deal with the property in any which way she wants. So ideally she can execute the Gift deed to E (after paying appropriate stamp duty and registration charges). Once she executes a Gift deed in favour of E, it becomes E's absolute property.
For double safety, If C and D can sign the Gift Deed by A in favour of E as witnesses, then C&D can never move to the court challenging the Gift deed again.
Hope this helps.
Since A is now the owner and in possession of property, it is her absolute property.
In accordance to Hindu succession act, any property owned/possessed by a woman is her absolute property.
She can deal with the property in any which way she wants. So ideally she can execute the Gift deed to E (after paying appropriate stamp duty and registration charges). Once she executes a Gift deed in favour of E, it becomes E's absolute property.
For double safety, If C and D can sign the Gift Deed by A in favour of E as witnesses, then C&D can never move to the court challenging the Gift deed again.
Hope this helps.
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