Right to property for daughters
Sudharm
(Querist) 20 April 2015
This query is : Resolved
Hi I am Sudharm Basapur from Dharwad, Karnataka. I am asking this query for my mother.
My query is, My mother's father had a land of 48 Acres and it was distributed among his sons only during 1995. But my Mother Smt. Laxmi Basapur did not receive any share of the property. My mother's brothers (my uncles) they took the signature from my mother's father (my grandfather) and they had took the authority of the property on their name. They did not even take permission from my mother or they did not take any signature for this. My mother's father is still alive.
Now I would like to file a case on them on behalf of my mother and my mother is also ready for it. But before that I wanted to confirm that will it be possible for my mother to get the property through the court and especially by enforcing the Hindu succession Act. Actually we are Jains (digamber).
Out of this 48 Acres, My mother 14 acres is from ancestral and remaining property was purchased by my mother's father.
These information may also help you to answer my query,
My mother was born in 1962,
She has stopped her studies during 6th std just because of her brother studies.
My mother's father is still alive.
I am not sure whether he has written any will or not.
my mother's one of brother is a Lawyer and he might have done all this long back. But even if there was a will and every thing made then are there still chances that my mother fits well in right to equality and equal share for women an all???
Now my concern is - My mother has sacrificed all her studies and property life etc just because of her brothers. Now my all uncles are well settled with government jobs, property and every thing. They are in a well status. Where as for us we did not get much from my father side as well and our status is low. If my mother would have studied and share equal property we would be in much better position. I feel so frustrated with this as my uncles son and daughters are in a great position like Engineers earning lakhs together a month. Because they have got such financial support from all these property. They got good education and every thing. For us it was nothing because we didn't had enough money to pay school fees, college fees etc.
So the final conclusion is that, there is no right to women? because they did not feel my mother is their family member and her family is in bad situation now. Just because she didnt get education as they got.
Hope you understand my concern. Please provide me the answers for my queries at the earliest. Waiting for your responses..
Thanks,
Sudharm
SURESH BV, Advocate
(Expert) 20 April 2015
Dear Sudharm,
In the ancestral property of your grand father, your mother has an equal right to that of her brothers. However, your mother has no right whatsoever in the self acquired property of your grand father during his life time. Therefore, Issue a Legal Notice and if the equal share in the property is not given, then your mother can knock the doors of the Court.
Sudharm
(Querist) 20 April 2015
Thank you for your reply, it will help me a lot.
one more query..
is it possible if my mother's father wish to give property to my mother? But the property was distributed among his sons long back. Is it possible to do it again a proper distribution?
if my mother is getting property from only ancestral property then it will be hardly 2acres out of 42 acres land and a house. If my mother's father passed away then is it possible to ask the property share? Not only ancestral.. But including my grandfather's property as well.
the most important thing is, if they dont give us then we go to court then from then how long this case may take time to complete it? Is there any way that we can speed up case process...?
I am really happy that you have given us some hope...
thank you 😊
Sudharm
(Querist) 20 April 2015
And till now my uncles were getting benefit from that property.. Its kind of they cheated us so shall we also ask for compensation??? Few acres of land has been already sold out (ancestral one). Shall we get that property too?
Rajendra K Goyal
(Expert) 20 April 2015
How your grandfather (mother's father) gave the property to your mamas (mother's brothers) by gift / registered sale / settlement deed or otherwise?
Your mother's claim on self acquired property of her father rises only after him if he expires intestate.
Better gather all documents / proofs and consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 30 April 2015
In my opinion, even in the ancestral properties, if the same was partitioned or your mother was married before the central amendment act came into force, your mother may not be able to claim a share in it. Consult a local lawyer and then proceed.
