Hindu women rights in huf property
Querist :
Anonymous
(Querist) 14 October 2011
This query is : Resolved
Hi,
this is in regards to the latest judgement by the Supreme Court on Women's Rights on the HUF Property.
Our's is a HUF property. We are a family of 5 with two brothers and one sister. My father had given a piece of the ancestral land to our sister creating a sale deed as though he had sold that land to our sister without informing us. My sister had signed on a document as well stating that "They won't exercise any right going forward and they don't need anything anymore". Now our father and mother are no more and we brothers would like to divide the property among ourselves as per parent's wish, as according to them, they had already given the property to our sister. Now my sister is asking for some more property after the demise of the parents. Does our sister have the right in the rest of the property which we want to divide among ourselves? We brothers had given a lot of money to our parents for their expenditures throughout lifetime, also taken care of them including the medical expenses. Property is the only source for us now. Also, can we divide the property among ourselves? Incase our sister wants share, requst you to let us know as to how can we get it divided without giving the property to her? Now the SC also has given an exception stating that any testamentary disposition of property been made before December 20, 2004 is valid. So let me know if our sister has equal rights in my case?? Your help is higly obliged.
Regards
Avil
Nadeem Qureshi
(Expert) 14 October 2011
The Hindu Enactment Act, 1956, established that women have equal inheritance rights, as men; and it abolished life estate of female heirs. However, this law could not do the needful as there was another law, the Mitakshara coparcenary that overruled the previous law.
According to Mitakshara coparcenary, in a joint family, a daughter will get a small share of property compared to the son. While the father’s property is shared equally between brother and sister; the brother, in addition, is entitled to a share in the coparcenary from which the sister is excluded. If the family owned a dwelling house, the daughter’s right is confined only to the right of residence and not possession or ownership.
prabhakar singh
(Expert) 14 October 2011
Your own posted facts are themselves the answer.
1]what ever given earlier to your sister by your father was by a sale deed,as you say yourself;then under that deed your father is seller and your sister is buyer.
2]"" My sister had signed on a document as well stating that "They won't exercise any right going forward and they don't need anything anymore"". IF THIS DOCUMENT IS REGISTERED THEN SHE IS NOT ENTITLED TO ANY MORE SHARE NOW.
3]SUBJECT TO PROOF AND VALIDITY OF ABOVE SAID DOCUMENT OF YOUR SISTER YOU REMAINING HEIRS CAN DIVIDE MUTUALLY.
4]THE FACT THAT YOU MAINTAINED PARENT AND INCURRED COST HAS NO BEARING WITH REGARD TO SHARING RIGHTS OF ANY OF YOU.
5]AMENDMENT OF 2005 AND CUT OF DATE 20/12/2004 HAS NO ROLE TO PLAY IN YOUR CASE.
prabhakar singh
(Expert) 14 October 2011
While i appreciate the effort of expert Nadeem to comprehend with things,i wish to keep him inform just for guidance sake and not for any contradiction that there is no law enacted by name "The Hindu Enactment Act, 1956"This in fact is "The Hindu Succession Act, 1956 ".
It is true that but for concept of STRIDHAN,old hindu law was gender biased.Ladies were not with right to inherit.
At then there were two schools being followed in matters of succession:
a]Dayabhaga ;b]Mitakshara.
The former recognized succession from father to son irrespective of source of title.But in latter case if the source of title was found vested in great grand father in the hands of grand father then grand son acquired interest in such property with his father as sharer with a right to demand partition from his father just in his life time.WIDOWS WERE HOW EVER RECOGNIZED WITH A RIGHT OF LIMITED LIFE INTEREST.
The Hindu Succession Act 1956 as amended by amending Act2005 has removed all the gender bias prevalent in hindu law by recognizing daughters as good a coparcenary as were the sons under the old concept.
But this all has nothing to dowith query in hand.
Shastri J.K.
(Expert) 14 October 2011
I agree with Experts mr.prabhakar singh .
Querist :
Anonymous
(Querist) 14 October 2011
Hi All,
Thanks for your prompt replies.
I do have a question to Mr. Prabhakar Singh i.e as I said, my sister has clearly mentioned that she doesn't need anymore property and that she is forfeiting her rights. There was a sale deed and a will which is registered.
You have said that we can divide the property amongst ourselves since the document is registered. Now, please make me clear on this. We will go ahead and divide the property into 3 i.e for we two brothers and 1 share of the expired father. Then we have to divide the father's share into 3 equal parts with one for the sister or is t enough if we divide the entire property into 2 just for the brothers as our sister has no right.
Request you to clarify on this.
Thanks in advance.
Regards
Avil.
prabhakar singh
(Expert) 14 October 2011
I repeat again that if your sister has given you brothers a relinquishment or surrendered deed for having no claim in the property left by father,then excluding her,other heirs of your father being brothers and sisters shall
share equally as your mother is already dead.
However at this juncture you have introduced a new fact OF EXISTENCE OF A WILL WHICH WAS NOT THERE TOLD BY YOU IN YOUR ORIGINAL POST.
AUTHORS MUST CULTIVATE A HABIT TO TELL FACTS IN DETAIL IN ONE GO AS ANY PIECE MEAL
DIS CLOSER MAY LEAD TO A MISGUIDED OPINION.
NOW NEW QUESTIONS ARE EMERGING AS FOLLOWS::
1]What is the date of sale made by your father to your sister??
2]What is the date of relinquishment or surrender deed made by your sister ???
3]Who wrote the will and what is its date??
4]Who are beneficiaries under the WILL????
5]How many brothers and sisters you all are in number??????
6]How your father got the property he has left behind???????
7]If ,from his father,then how his father got it?????????????
8]Did father of your father got it from his father[i mean from your great grand father]
unless you give answers to these question i shall find my self unable to solve your query.
My earlier answer has gone in vain because you have now changed the facts to another direction.
Sankaranarayanan
(Expert) 14 October 2011
GANDURI KOTESHWARAMMA & ANR. VERSUS CHAKIRI YANADI & ANR.
Civil Appeal No. 8538 of 2011 (Arising out of SLP (Civil) No. 9586 of 2010)-
Decided on 12-10- 2011.
it is helpful for your query
kuldeep kumar
(Expert) 14 October 2011
My earlier answer has gone in vain because you have now changed the facts to another direction.
THIS IS THE REASON WHY MANY A ANOYMOUS QUERY R LEFT UNANSWERED AND UNTOUCHED.DOUBLE GAME AND WITH MR PRABHAKR SINGH..NEVER..
