MARRIED WOMAN ANCESTER PROPERTY SHARE
Querist :
Anonymous
(Querist) 14 June 2011
This query is : Resolved
SIR
I belongs to Tamilnadu- We have grand father properties which were divided into their 2 sons- on which elder son who's my father(he's passed away in the year of 1994)he had 2 sons and 5 daughters- In which 2 of daughter were married in 1977-. Now we have registered one house document In which all were agreed and released their on taking amount for consideration. Elder 2 daughters denied to take the considred amount also they have not released their rights in the said house property. Now my question is
1. According to tamilnadu act of 1989 which clearly states that daughters who have married before 1989 they can't claim their rights in ancester property's.?
2. In our case all were agreed(majorty portion)also these 2 daughters were intendly doing even we offer consideration
(they were well settled in their life)
3.If they approach to court what can be the result and how long will it take? also what is the portion of house that court will provide to them?
4. How can we defend them against their proceedings?
Kindly provide reply pls
R.Ramachandran
(Expert) 14 June 2011
In the facts given by you, the two daughters who got married prior to 1989 are not at all entitled to any share in the ancestral property left behind by your father.
In terms of Section 6 of the HSA, 1956, when a male Hindu, having interest in coparcenery property dies, and leaves behind female Class-I heirs (i.e. wife and daughters), then by operation of law, automatic partition of the coparcenary properties will take place - a share will also be allocated to him.
Those who are entitled to a share in the partition are (i) the deceased (ii) the widow (iii)son(s) and (iv) daughter(s) [excluding those who were married prior to 25.3.1989].
Accordingly, the properties will divided into 7 shares and each one getting 1/7th share.
In respect of the 1/7th share of the deceased father, if he had left any Will etc., then his share will go according to the Will / Gift etc. If he had not left any WILL, then his 1/7th share will go by way of inheritance amongst his legal heirs i.e. his widow, two sons and five daughters.
You say you have grand father properties. Out of many such properties, you have chosen to partition only one house property. This is called partial partition.
If the two sisters who got married prior to 1989 approach the Court, you have to defend the same by stating that they got married prior to 1989 and as such as per Tamil Nadu Act 1 of 1990, they are not coparceners in the ancestral property and therefore they are not entitled to any share in the property. HOWEVER, in respect of the father's 1/7th share, you will not be able to deny them their share of inheritance.
