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Whether there is claim in sister's share of property gifted by mother


27-Jul-2023 (In Property Law)
My father bought a property on my mother's name. After my father's death she gifted it to her second daughter .we are three daughter first daughter and me (third) was unaware of this gift which she has given to the second daughter and second daughter has sold the property and took the money.so can we have claim on that property or amount ,how can we claim .we are HINDU
Answers (2)

Answer #1
974 votes
As you have mentioned that the property was purchased by father in the name of mother then if you have any evidence of payment for purchase is made by your father and your mother does not have a source of income as a housewife, then you can claim share in the property/ amount from your sister by filing civil suit.
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Answer #2
939 votes
This is my response to you:
1. Since the property was transferred from father to mother and then third daughter through a valid gift deed then you cannot question the same;
2. Therefore your father, mother and third daughter can dispose of the property as per their wishes since it was self-acquired property;
3. If the property was ancestral then you would have claim on the same;
4. You can nonetheless file a suit against your sister and try to gain some compensation;
5. Though it will be difficult to stake a claim on the property.
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