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Mother gifted property to daughter can son claim share
13-Jul-2023 (In Property Law)
Hindu Mother has two kids. One daughter and one son. Mother's property( mother got this property as Marriage gift from their parents). Mother gifted to her daughter the same property 25 years back as marriage gift. Now mothers son is trying to put a case stating that he will get equal share. Mother is still alive. Right now the property is on daughters name. Will the son get any share? Will the son be able to put a case?
HI,
your mother is the absolute owner of the property. the property which she hold is called stridhana U/S 14(1) of
INDIAN SUCCESSION ACT 1956 . according to that section she can gift the property to any body to her wish and will.
in your case she already gifted the property to you and moreover your mother is still alive your brother will not get
any share in the property.
to avoid legal issues if that gift is not registered you ask your mother to register that gift property in your name.
from your query it appears that mutation is also over.
your brother will not get any share in that property. he can file case at his own evidence and burden of proof is also
lies up on him to prove the case.
your mother is the absolute owner of the property. the property which she hold is called stridhana U/S 14(1) of
INDIAN SUCCESSION ACT 1956 . according to that section she can gift the property to any body to her wish and will.
in your case she already gifted the property to you and moreover your mother is still alive your brother will not get
any share in the property.
to avoid legal issues if that gift is not registered you ask your mother to register that gift property in your name.
from your query it appears that mutation is also over.
your brother will not get any share in that property. he can file case at his own evidence and burden of proof is also
lies up on him to prove the case.
Helpful?
233+
233+
Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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Can father give property to only one child?
Yes, under Hindu law. In the rest of the Muslim and Christian law, a man can give his property to a son.
Can a mother give all her property to one daughter?
Hindu Law gives a daughter equal rights over the property that her mother has acquired. After the death of their mother, the daughter may claim her rights to her mothers property.
Can a mother gift her property?
Owners of immovable properties can give them to relatives or third parties. Gifts are only valid if they are made freely and without any consideration. 06-Oct-2023
In what situations are daughters not eligible for property?
If the father has not died and the property was transferred to his sons or grandson, the daughters do not have a right to it. If the property was transferred by a will after the fathers death, the daughter can challenge the will in court if it is valid. 13-May-2023
Hi
1) First and foremost the mother got the property as her marriage gift from her parents.
2) So in accordance to Sec 14 of Hindu Succession act, it is the absolute property of the mother.
3) Sec 14 of Hindu succession act reads as follows:
Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.
4) Now that the mother has given the property as Gift to her daughter as marriage gift, the property has been transferred from the mother to daughter and sec 14 of hindu succession act will apply to the daughter also.
5) Since the property is in the name of the daughter(i also presume there is a registered gift deed from mother to daughter) and the daughter is in possession of the property, the property will belong to the daughter.
6) The Son has no right on the property on grounds of Sec 14 of Hindu succession act and
7) The Law of Limitation will prohibit the son from challenging the gift (If at all the son wanted to challenge the Gift he should have challenged the Gift within 3 years from the date of Gift).
8) Even if the son files a suit in the court by making false statements, the daughter will WIN the case very easily and within 3 months from the date of her appearance.
Hope this helps
1) First and foremost the mother got the property as her marriage gift from her parents.
2) So in accordance to Sec 14 of Hindu Succession act, it is the absolute property of the mother.
3) Sec 14 of Hindu succession act reads as follows:
Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.
4) Now that the mother has given the property as Gift to her daughter as marriage gift, the property has been transferred from the mother to daughter and sec 14 of hindu succession act will apply to the daughter also.
5) Since the property is in the name of the daughter(i also presume there is a registered gift deed from mother to daughter) and the daughter is in possession of the property, the property will belong to the daughter.
6) The Son has no right on the property on grounds of Sec 14 of Hindu succession act and
7) The Law of Limitation will prohibit the son from challenging the gift (If at all the son wanted to challenge the Gift he should have challenged the Gift within 3 years from the date of Gift).
8) Even if the son files a suit in the court by making false statements, the daughter will WIN the case very easily and within 3 months from the date of her appearance.
Hope this helps
Helpful?
77+
77+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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