Property to daughters married before 1983


My Father (Hindu, resident of TamilNadu) died in 1985 without writing a WILL. He had 2 Sons and 5 Daughters (Including me), Mother is Still alive (aged 86). All the Daughters were born between 1945 and 1959 and MARRIED before 1983. My Father had 1 property Inherited from his father and the rest are all earned by him. The 2 sons were minors when these properties were brought. . There are 5 properties which are left in my Father's name. Now the 2 Sons claim that they have Partioned the 5 properties among themselves and registered under their names. The sons say that the 5 Daughters do not have any rights over Fathers property as they were married before 1983 and any Case if filed in the Court will not stand. Mother was not given a Share in this partition and she stays with the Younger Son. Both Sons have their Separate Business Running.

  1. Do the Daughters have Share in these properties ? If Yes how much ?
  2. What happens as the properties were registered by the Sons ?
  3. How much Share does the Mother has in these properties ?

 

Please help me in this regard and what steps needs to be taken

-- Posted on Behalf of My Mother 

 
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legal advisor

how did the property of the grandfather devolve on your father?

as far as the self aquired property of your father is concerned as he had died intestate all the children along with his wife are eligible  for equal shares.each of you will get 1/8 th share.

women are entitled to get equal share in the ancestral property as per state amendement of hsa 1989 but since your dad had died in the year 1985 i think you cant lay any claim in ancestral property.

if the sons had registered the property in their name without giving your rightful share then its not valid.you can file a suit for partition and posession.also obtain an injunction over the brothers to prevent them from proceeding with any sale

 
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Thanks a lot for the response.

The Ancestral property was registered under my father's name by my GrandFather - My father got this as his Share. Rest of the 4 Properties were brought through his earnings.

Now there is another problem, three of the Sisters are not willing to file a Suit against the brothers, can I along with another Sister can file a Suit against this registration / partition  done ?

If we ( 2 sisters) alone file a Suit will all the Sisters will get their Share or we 2 alone will get 1/8th of the Share.

-- Posted on Behalf of My Mother 

 
Reply   
 
legal advisor

whoever files the partition suit will get their share.so dont worry just file a suit even if the other legal heirs dont want to

 
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