Legal Question in Civil Litigation in India

An old man executed a settlement deed in favour of his daughter before her marriage and mutation was effected in her name, but neither the possession of the property nor the document was handed over to the daughter. Post marriage, the father was in enjoyment of the property. Within 11 months of her marriage, the daughter was murdered by her husband, against whom a murder case has been charged. Now, the father wishes to cancel the settlement deed and retain his title over the property. Can he do so and if so what is its legality.


Asked on 8/23/13, 7:49 pm

2 Answers from Attorneys
Jayesh Desai Jayesh Desai

Under the amended Hindu Law (I presume you are Hind) of succession, a married daughter who received property from her father reverts back to her fathers' family, provided it i sinherited.

Recently there has been a challenge to Hindu Succession Act, in Mumbai and Bombay High Court has referred the same to Division Bench, while holding - that the source must be looked into of the property when deceased is a female. The said judgment was delivered by Justice Dalvi in the matter of estate of one (deceased) U C Desai (Petition for Letters of Administration).

Apart from this, a person who commits a wrong cannot take advantage of his own wrong, and therefore the Husband - who murdered her cannot inherit the same.

I hope this clarifies, and puts your anxiety at rest.

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Answered on 8/23/13, 10:27 pm
Fca Prashant Chavan Expert Edge LLP

25.08.2013

Dear Sir / Madam,

Unless the deceased daughter had the actual title of the property registered in her name in the concerned Tehsildar / District Registrar's record by virtue of the settlement / mutation deed, the property still vests in her father, and he is free to deal with it in the manner he best deems fit.

Regards,

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Answered on 8/25/13, 4:10 am


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