Does a quit claim deed supersede a divorce decree?
Does a quit claim deed supersede a divorce decree?
Ex said he can do loan modification but lender requires I sign a quit claim deed before it can be modified and decree will need amendment removing clause that house is to be sold. Ex said Quit Claim will supersede decree and no amendment needs to be done.
Does a quit claim deed transfer ownership immediately?
A person who signs a quitclaim deed to transfer property they do not own results in no title at all being transferred since there is no actual ownership interest. The quitclaim deed only transfers the type of title you own.
When can a gift deed be challenged?
The gift deed can be questioned by filing a suit for declaration in the court of law. However, it will be challenged only if the person is able to establish that the execution of the deed was not as per the wish of the donor and was executed under fraud, coercion,misrepresentation etc.
Can gift deed can be Cancelled?
When a gift is incomplete and title remains with the donor the deed of gift might be cancelled. That there is no provision in law that ownership in property cannot be gifted without transfer of possession of such property.
How do I get my gifted property back?
make an application to the Deputy Commissioner under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for reclaim the property gifted. The Deputy Commissioner of your jurisdiction has the duty under the Act to take appropriate action against the defaulter.
Can gifted property taken back?
Question: How can I transfer property without selling it? If you are transferring the property as a gift, then you will fill out and sign a gift deed, which allows you to gift your assets or transfer ownership without any exchange of money. This is irrevocable and you cannot take back what you have gifted to another.
Can gift be taken back?
If the recipient wants to give the gift away or donate it to charity, the law says that this is just fine. The only time someone can ask for a gift back is if the gift was given in exchange for a promise. This is known as a conditional gift. An example of a conditional gift is an engagement ring.
What is the share of daughters on Father’s property?
New Delhi: In a landmark judgment Tuesday, the Supreme Court held that daughters will have equal coparcenary rights in Hindu Undivided Family properties, irrespective of whether the father was alive or not on 9 September 2005, when an amendment came into force.
Can father sell his property without consent of Son?
No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.
Does daughter have share in father’s property?
According to the Hindu Succession (Amendment) Act,2005, a daughter has the same right as the son over their father’s ancestral property. However, the father should have been alive on 9 September 2005, when the amendment was made. If he died before this date, the daughter will have no right over the ancestral property.
Does Mother property belong to daughter?
The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will.
Can father gift ancestral property to son?
6. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property gifted by a father to his son cannot not become ancestral property in the hands of the son simply by reason of the fact that he got it from his father.
Can a daughter challenge father’s will?
IF PROPERTY HAS BEEN SELF-ACQUIRED BY FATHER The father, in this case, has the right to gift the property or will it to anyone he wants, and a daughter will not be able to raise an objection.
Do daughters have equal right property?
Supreme Court rules that daughters have equal rights in their father’s property. In its decision, the Supreme Court clarified two points: coparcenary rights are acquired by daughters on their birth; and. fathers need not have been alive when the 2005 amendment to the Hindu Succession Act 1956 was passed.
How do you convert ancestral to self acquired property?
An ancestral property becomes self-acquired after its partitionAll legal heirs including daughters are entitled to an equal share in the joint Hindu family property.Whenever an ancestor inherits any property from any of his paternal ancestors up to 3 generations above him, then his legal heirs up to 3 generations below him would get an equal right as coparceners in that property.
What is the difference between ancestral property and Coparcenary property?
In order to constitute a Joint Hindu family the existence of any kind of property is not required whereas in Coparcenary there is an ancestral property. Joint Hindu families consist of male and female members of a family whereas in Coparcenary no female can be a coparcener.
