property share for married daughter

This query is : Resolved 

Querist : Anonymous (Querist)
18 July 2011

my grand father had one son (married) and one daughter(married). He (GF) died without will in 1960's. My father got it transfered the propetry (agree land) into his name. I am not sure whether he has taken the consent from his sister (without that how property get transfered to his name?). But property got registered in RTC records from 1960's. My father also died before 30th-July-2004 before karnataka state act came effect. I got the property transfered to my name after 2006.

can my grand father daughter (mean my father sister) asks for equal share in property now (after 40-50 years)? Since she is married during my grand father death...will she have a right to ask? How can I protect my father property? She is well settled with 2 sons & 1 daughter. They have thier own property in their sons name.

Pls advice me on this regard.

R.Ramachandran (Expert)
19 July 2011

First one has to know whether the property in the hands of your grand father was his self-acquired properties or properties received by him from his ancestors. That will form the basis for answering your query.

Querist : Anonymous (Querist)
19 July 2011

Dear sir,
Thanks for your quick response.

(1) My grandfather property was ancestors property.

(A) my father & father-sister born before 1947. So pre 1956 law will not provide the rights to ancentral property?

(2) My GrandFa died in 1960's. The prevelent law at that point of time was 1956's law. According to that married daughters will not get a share in ancestoral property?

(3) The property has been transfered to my father in 1960's only. Hence according to latest 2005 ammendment..the status quo should not be changed...I mean since the name of my father-sister is deleted/removed in 1960's...hence she will not have a right to ask property share?

Please let me know which one are correct? Also please advice my on how to handle this issues?

I am novioce in law and currently studying my engineering.

My father-sister family is well off....2-sons working, 1-sister married...they have there own property etc...but very greedy and father helped them to buy property for fahter has paid lots of money to them....after the my father-sister marriage she continued to stay with my father (along with her husband and kids) for many years...

By getting all the timely they are eyeing our property...

Please advice to rescue out from this mess.

Querist : Anonymous (Querist)
15 August 2011

Pls advice

R.Ramachandran (Expert)
16 August 2011

Agreed that it is an ancestral property.

As rightly understood by you, in the year 1960, the daughters are not co-parcenars.

But, when your grand father died in the year 1960, the property will get automatically partitioned by operation of law (Section 6 of the HSA, 1956).

Since there were only 2 coparceners viz., your father and your grand father, the property will be divided between them equally and each one of them will have 1/2 share.

The 1/2 share of your grand father will go by way of inheritance equally amongst all his legal heirs (i.e. his wife, son and daughter - assuming that your grand father's mother had already died), since your grand father had not left any WILL.

If your grand mother had either died prior to your grand father or after your grand father, I presume that she might have also died without leaving any WILL.

Therefore the share of your grand father will go by way of inheritance equally between your father and your aunt.

Thus, while your father will get 3/4 share in the ancestral property left behind by your grand father, your aunt will get 1/4th share.

The HSA Amendment Act, 2005 does not at all come into play in your fact situation.

Your aunt is entitled to 1/4th share by operation of Section 6 of the HSA and Section 8 of the HSA.

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