Has the court set any date of hearing for the stay sought by the 4th daughter? If no stay order has yet been issued by the court then your maternal grand father may make a will and give the property to the children of his 3rd daughter if he is the owner of the property.
Ancestral property
My maternal grandfather has only four daughters. He received 16 acre of land as share in 1964 after distribution of assets amongst his four brothers. Entire 16 acre land is ancestral property. My maternal grandfather was the Karta of the HUF & during the time period of 1964 to2013 he sold out 6 acre of the land for various family requirements like daughter’s marriage, his wife & his own treatment and home construction & renovation. Out of the 6 acres he registered 9 katha to his eldest daughter, 10 katha to the 2nd daughter & 21 katha to the 3rd daughters siblings X & Y. My mother who was the 3rd sibling took over as the caretaker of the family after she got married in 1974.since then she was the only daughter taking care of her parents and was even residing there with her husband & three kids. My maternal grandmother died in 2004 and in November 2003 after the sudden death of my mother, my father & sister then took care of my maternal grandfather & his property as there was no one to take care of him. Hence according to the Hindu Succession Act, 1956 daughters can even get equal shares in father’s property without any will or testament. Hence my maternal grandfather decided to distribute his assets amongst his daughter to their requirement. So now he wants give Approx 5 acre land to the children of his 3rd daughter late Meena jha with an explanation that she with her family was the only child who took care of him and none of the other daughter turned up when required. A Hindu father or any other managing member has the power to make a gift of immovable property within reasonable limits for pious purpose only. So my maternal grandfather wants to know what are the more effective document i.e. Will, Registry on any other documentation. All other three daughters financially very sound. But now the 4th daughter filed a partition suit for her share in father property Nov 2012. She also files for Stay for not sell/ will further any property Feb 2013. But still no stay is granted by the court. Other elder daughter’s are also pressurizing not to do the same i.e. going more shares to the 3rd daughter beneficiary.
Asked 10 years ago in Property Law
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18 Answers
you have stated that your maternal grandfather is karta of HUF . the entire property is ancestral . he cannot bequeath 5 acres of ancestral property by will in favour of one daughter only. by will your maternal grand father can bequeath his share in ancestral property alone .
my maternal grand father has 15 acre ancestral land. he has 4 daughter all got married before 1975. his third daughter take care to parents. now my grand father want to give his own share to 3rd daughter. what is the legal aspect.
Asked 10 years ago
Has the ancestral land been divided inter se between the legal heirs? The legal aspect can be culled out only after the documents of title are perused in a threadbare manner. A lot hinges on the rights enshrined in the record of rights held with the registrar.
maternal grand father can bequeath his share of property by will .
maternal grand father has 10 acre ancestral land. he has four daughter, all got married. can my maternal grand father sell 4 acre land for various prrpose.
Asked 10 years ago
A Karta can sell the joint family property as long as such sale is for the benefit of the family and not tainted with malafide.
Your maternal grand father can sell 4 acres for the benefit of the family, and for no other reason.
CAN MY MATERNAL GRAND FATHER WILL OR GIFT 4 ACRE LAND IN FAVOR OF 3 RD DAUGHTER SON ON THIS BASIC OF THAT SHE TAKE CARE TO HIM FROM LAST 35 YR
Asked 10 years ago
No he cannot do so.
no your maternal grand father cannot will or gift 4 acres of land in favour of one daughter alone
how can my maternal grand father give his own share to 3rd daughter.
Asked 10 years ago
He cannot do that as transferring this property is beyond his competence.
we have already replied to your query in detail . maternal grand father can bequeath his share of ancestral property by will . for further queries contact your local lawyer
CAN MY GRAND FATHER SELL THE LAND TO 3RD DAUGHTERS SON
Asked 10 years ago
as karta he can sell land for benefit of family and sale is not tainted with malafide . transaction should be at prevalent market price
He can sell it only and only if the benefit of family necessitates the sale. The sale should be at the price prevalent in the market. It cannot be a throwaway sale.
MY GRAND FATHER HAS 15 ACRE 15 ANCESTRAL LAND. HE HAS ONLY 4 DAUGHTER.HE HAS ALREADY SELL 6 ACRE LAND FOR VARIOUS PURPOSE. CAN HE WILL/GIFT HIS OWN SHARE FROM BALANCE LAND TO 3 RD DAUGHTER SON, ON THE BASIS OF THAT HE IS TAKE CARE TO HIM.
Asked 10 years ago
Yes.
yes he can will his share to his grand son if he so desires
in this case what is the share of my maternal grand father
Asked 10 years ago
consult a local lawyer .if he has 10 acres of land he would have 1/5th share in the property
my maternal grand father got 15 acre ancestral land, he has 4 daughter. my grand father has already sold 5 acre land. now 10 acre land left. how my grand father share deside, because from entire 15 acre land he as already sold 5 acre. his share will be: 1) 15 acre divided in 5 share its come 3 acre he has already sold 5 acre. his share will be nil. 2)10 acre divided into 5 share its come 2 acre what is his share point 1 or point 2
Asked 10 years ago
it is your case that 6 acres were soldby your grand father for various family requirements like daughters marriage , wife treatment , etc . his share would be 2 acres .
Your maternal grand father' share in the property is 2 acres as 5 acres out of 15 acres has already been sold by him.
what is matter of will or gift which my grandfather will make.any specific format please guide us.
Asked 10 years ago
you have already raised number of queries on this issue . we have advised you at length . now you should consult a local lawyer and get will drafted by him . no ready made format would do ..