Married women rights on fathers property


Dear Repected Lawyers,

  I am from  tamilnadu.  My grand father has five children , 3 sons and 2 daughters all are married before the year 1989.My grandfather owns a land which was earned by his hard work and my grandfather died on the 17.12.1996 without writing any will. Now when my father and his brothers want to register the land in their name but my two aunties are claiming for the property and asking for the share. when I searched internet I found that in Tamilnadu, the daughters who are married before march 25 ,1989 cannot claim fathers property and only the daughters who are unmarried or married after march 25 ,1989 can claim their  fathers property. Is my understanding on the law is true ? Whether my aunties have the rights or they don’t have any rights to my grandfather’s property.

 
Reply   
 
FIN

The succession opens on date of death of owner.

The proeprty is self acquired, as posted by you and is not partitioned till date.

The  Hindu Succession (Amendment Act), 2005  provides that married daughters have equals share in self acquired proeprty of father.

 

 
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Advocate & Legal consultant

Self aquired properties of a Male Hindu died Intestate ( without a will ) equally devolves upon his legal heirs ( wife,son and daughter ).

In your case, your grandfather's 5 children ( 3 sons and 2 daughters ) get equal share. 

 
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your interpretation of law is true for coparcenary property in my opinion. your grandfather's property was self acquired and hence state amendment is inapplicable. property devolves as per intestate succession (in which case everyone gets a share). still i would recommend contact an able counsel in tamil nadu having thorough knowledge of the state amendment.
 
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Retd Sr Director Govt of India/ Advocate

1) Just responded on Pathlegal also.

 

2) Since ur grandfather died in testate, ur mothers share will be devloved on u.

 
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FIN

It shall be certainly better to partition with equal share and avoid litigation and save the grace in blood relationship.

 

Registered family agrment can rule out futur litigation.

 

 
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