Property rights of daughters married before 1989 (tamilnadu)

Mechanical Engineer

Descripttion:  My self Mr.Prabakaran (Age 28), My Mother Ms Jagadeeswari (Age 45), my sister Mrs Nishanthini (Age 26) are living as joint family  at Chengalpattu, Tamilnadu State and enjoying the joint rights of Ancient agricultural land of about 16 acres which was transferred to our name from my father after his death during year 2000. Now all the patta / survey numbers documents are in the joint and in the name of all three of us. Previously, all the land documents were changed in to my Father name during 1978 by my Grand father. Now my father's one and only younger sister Mrs.Parameswari (Age 53) who is my aunt filed a petition demanding 50% rights on the property. She was married during year 1978. Also 2 acres of land was given by my Father & Grand pa to her (My aunt) by means of gift deed during the time of her marriage. Kindly reply whether she has rights in our property as per  Property rights of daughters who married before 1989 (tamilnadu).  Last time I spoke with my aunt & uncle. As per them they need 50lacs money or 50% land. Kindly advise me how to proceed in this situation?

 
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Advocate,9444674980

if your grand father had died intestate and your father had acquired the properties of your grand father by virtue of legal heir, and IF NO PARTITION WAS EFFECTED BETWEEN (FAHTER AND AUNT), then your aunty is eligible for a share, irrespective of LANDS given by your father and grand father at the time of marriage, Yes you can mention the same in partition suit to reduce her share considerably.

 
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www.vashiadvocates.com

If the change in name from your Grand Father to Father was done while Grand Father was alive, then it is a gift from him to your father, and no partition will be required. If the transfer was through will, then also no partition is required. If your GF died without a will and land was subsequently transferred in your father's name, then only a partition will be required, as advised by learned Adv Raghavan.

 
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Mechanical Engineer

First of all, Thank You Mr.Sumeet Gupta & Mr.Ragavan for your kind replies.

My Grand father died on 31/08/1989. All the lands documents were transferred from my Grand father to my Father's name during the year 1978 itself while my Grand father is alive.  My Father died on 31/08/2000 and all the land patta / survey numbers documents are came jointly in the name of all three (Myself, My Mom & My Sister) of us.

My Grand Mother was died on 17/10/2004. Also Kindly confirm me whether my Grand Mother have any rights in my Father property his death. If so, then clear me whether my aunt have rights in my grand mother partition of my father property?

 
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www.vashiadvocates.com

If the land was transferred to your Father during your Grand Father's lifetime, then it is gift from your GF to his son, and your aunt cannot claim any share in the same, either directly or through your late Grand Mother. In any case, the time period for your aunt to claim a share in your GF's property has apparently already expired due to the statute of limitations, since your GF passed away in 1989 and the time period allowed is ordinarily 20 years for immovable property.

 
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Advocate,9444674980

If your father had died intestate, then as class I legal heir your grand mother do have a share, if partition was effected at that time, if no partition was effected your aunt cannot claim any share now.

 
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Advocate,9444674980

In continuance to the above, if any partition was effected after your father demise, leaving your grand mother from partition deed, that document is invalid and your aunt can contest that deed.

 
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Mechanical Engineer

Once again its glad to receive positive feedback behalf of me from Mr.Suneet Dutta & Mr.Adv.Raghavan.

After my father death on 31/08/2000, My grand Mother ,My mother, My Sister & my Mom were jointly having the rights of the property in the name of Kootu patta in Tamil which means joint property. I become Major (completing 18 yrs of age) on 23/05/2004 and My sister sister become major on 2/6/2006. My Grand Mother was one of the joint share holder on our property and she was died on 17/10/2004.  All the property (Agricultural Lands) are ancient property and not made by my Grand Father by his own hard work.  

I was refused to marry my Aunt daughter. So my Aunt and My Grand Mother were angry over me. My Aunt is demanding the share in the property now.

  Other thing is that , My Grand Mother have wrote a deed mentioning that She is giving 6acres of the land from the Joint property of 16 Acres. The deed was wrote and registered on 2003. As per my assumption this deed is valid , only if  my Mother and grand Mother both are jointly signed as the property is joint property. This deed should be a false document only.     

                Kindly Confirm me whether this deed is valid or not with a single person opinion only or single person (My Grand Mother) signature only ?  

 
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Mechanical Engineer

Once again its glad to receive positive feedback behalf of me from Mr.Suneet Dutta & Mr.Adv.Raghavan.

After my father death on 31/08/2000, My grand Mother ,My mother, My Sister & me were jointly having the rights of the property in the name of Kootu patta in Tamil which means joint property. I become Major (completing 18 yrs of age) on 23/05/2004 and My sister sister become major on 2/6/2006. My Grand Mother was one of the joint share holder on our property and she was died on 17/10/2004.  All the property (Agricultural Lands) are ancient property and not made by my Grand Father by his own hard work.  

I was refused to marry my Aunt daughter. So my Aunt and My Grand Mother were angry over me. My Aunt is demanding the share in the property now.

  Other thing is that , My Grand Mother have wrote a deed mentioning that She is giving 6acres of the land from the Joint property of 16 Acres. The deed was wrote and registered on 2003. As per my assumption this deed is valid , only if  my Mother and grand Mother both are jointly signed as the property is joint property. This deed should be a false document only.     

                Kindly Confirm me whether this deed is valid or not with a single person opinion only or single person (My Grand Mother) signature only ?  

 
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Advocate,9444674980

from your statement it is clear No partition was effected after your fathers demise. when partition was not effected your mom and grand mom were managing a property, which involves minor share also,with the help of Kootu patta,(without  valid document how come it got transferred to the names you have mentioned, is a million dollar question). When partition was not in place, your grand mom have no right to go for gift deed or settlement deed,whatever it may be, to  the concerned person. That itself is not valid,even if your mother had signed it is not valid ,because the property involves minor share. Finally from the statement, it is crystal clear, that no partition was effected  earlier and till now, so your aunt is not eligible for a share,and the deed you are mentioning is also not valid,you can contest the same and get it nullified.

 
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