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shruti k (house wife)     19 April 2013

Daughter's rights in father property.

Dear Expert Members.

   I am a female Hindu from Maharashtra state, married (1982). My Father who expired in 1999 left 5 properties (1 agricultural land) self acquired, Registered in 1970's and 80's and no partition made. We are 5 brothers and 2 sisters and our mother. There is no will written.

My Questions are:

1. Do I have equal share in my father’s properties?

2. My father's business which is managed my brothers is having some bank loans. Do I have any problem in this matter?

3. My Brothers having personal bank loans and they are selling to settle their and business loans. Property value is twice more than loans.

4. One of the property is mortgaged.

5. (IMP) Can my mother write all the properties to only 1 son's name. (Without my knowledge) Is it possible?



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     19 April 2013

Being a legal heir of your deceased father, you have got equal rights over the properties of your deceased father.  You are entittle to equal share along with your mother and brothers.  Your brothers cannot sell the property to clear the debt and your mother alone cannot transfer the property in the name of one of the brothers.  If your brothers or mother are denying to give you share, file a suit for partition and seperate possession 


(Guest)

@Querist,

 

Reply Query-wise

 

1.Yes you have 1 share of mentioned property.

 

2.Liability will be also transferred to all of you.But this liability is limited in the sense that is not personal.The liability is limited to your father's estate and loan repayment will be considered only on the father's estate.

 

3.Since your brother has taken personal loan,the liability will be personal and can't be extended unless it's been guaranteed by other or others.

 

4.Little can be said about this without further information.

 

5.Not at all.You mother can transfer only her share of property to whom she wants.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Kamal Sharma (Manager)     20 April 2013

Dear Expert Members,

I am a female Hindu from Haryana State, married (1983). We are 5 sisters and 2 brothers. My father is denying me my share of property from the ancestoral property which he received in 1972 from our granfather (Agriculatural land, Plot and house). When I sent the legal notice to him asking my share he immediately transferred all of the property to my 2 brothers through a Release-deed. 

Now, they are completely denying me anything and ignored me like I do not exist. Now my father is claiming that this property is his self earned property and he can give it to anybody he wants. He is claiming all this because the property was transferred to him and his two brothers (my uncles) in equal shares by my grandfather via a Decree and judgement in civil suit in 1972. I heard that this was the old rule in which all lands were transferred like this via a decree and civil suit but I am not sure and needs expert advice. One thing is sure that the property is ancestoral for generations and even my grandfather received it from my grandparents.

But, My father is very confident in this and claims that I have no share as he self earned this property so my concern is that did he have done something clever back then by receiving the property via a decree alogn with a civil suit against my grandfather?

Moreover, he claims that he's not "Karta" of the joint hindu family and is not governed by Hindu Law. And, as he is a Jat by caste and governed by customary law of Jats of Distt. Rohtak. This was really a confusing statement by him for me as we are Hindu and I believe the law is not different for Jats or other castes of Hindu and is same for all. Please clarify this if you Experts can?

Finally, Do I have the share in this property or there is any twist in the tale ? Please let me know if there is some legal twist which he can use against me so that I file the suit after full preparation.

Thank you,

Yallappagouda (retired principal)     21 April 2013


In the hindu succession karnataka amendment act 1990.

sec 4A (b) suggest that ,a daughter of coparcener shall by birth become a coparcener  in her own right in the same manner as her son and have the same rights in the cpaecener  but in the same act in the sec 6A(d) nothing in the clause (b ) shall apply to adaughter married to or toa partition which had been effected before the commencement of hindu succession (karnataka amendment ) act 1990.

Expecting an experts openion about the womens right to property act mainly basing upon

1) her date of birth ?

2) her date to marriage ?

3) her date of death ?

as on  or before NOV 2007 particularly in karnataka.




 


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