Legal Question in Real Estate Law in India
We are a Hindu family in India. We want to equally share and partition our property (2012) between a mother, two sons and a married daughter. One of the son says that the amount of gold given as gift to the daughter during her marriage time (2004) should be deducted of her share. Is it acceptable?
4 Answers from Attorneys
Legally, it cannot be deducted. Girl is entitled to equal share in un-partitioned property.
Legally all have equal rights in the property. But if accepted mutually then anything can be done.
the gold given at the time of marriage is stridhan i.e. personal property of the girl and unless there is a contract to the contrary, the amount cannot be adjusted in partitioning the properties.
During a family arrangement, one need to consider what has been agreed within the family.
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