bhagya (homemaker) 18 August 2013

Daughter share in fathers property

Dear Sir,

My mum is 54 yrs old and she got married in the year 1974 and her father expired in 2009 . My mother has 4 brothers and 1 sister. Now that the property belonging to my grand father is being sold . My grand mother is still alive and my grandfather has made no will. It came to our recent notice that my grandmother signed few papers and she does not know for what she signed for.

Kindly let us know if my mother can file partition suit against the brothers .

will she get any share in the property ? . I came to know that ladies can get share only in fathers property if they get married after 1978 how true is this and

how strong is our case .?. We hail from Andhrapradesh..

Thankyou

Reply Follow

3 Replies

Kolla Gangadhar (Practicing Advocate since 1986) 18 August 2013

Your grand father!s property is not yet partitioned by his sons, under Section 6 of the Hindu Succession Act, 1956 ( with effect from 9-9-2005 ) Devolution of interest in coparcenary property - (!) On and from the commencement of the Hindu Succession ( Amendment ) Ac, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall, -- (a) by birth become a coparcener in her own right in the same manner as the son: Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004. Your mother is entitled for partition of your grand father!s property. Immediately issue legal notice and file Partition suit.

rekha bhanshali (house wife) 19 August 2013

Respected Lawyer

if my brother is misusing the POA given by my father to maintain his property and if my brother has sale the property without concern of the family members then what action we can take against my brothers,please advice

bhagya (homemaker) 20 August 2013

Thank you very much for your prompt reply . I shall do the same.

My grandfather has acquired few lands around the city ,some are already disposed by the sons. We are not aware of all the land sites.Few are only known to us. Brothers will not disclose the details to us.

1. Is there anyway to find out the properties owned by my grandfather around the city ?

2. If the properties are already sold can I sue them for that ?

3. If the properties are transferred under mutual understanding of the brothers what can we sisters do?

Please advice.