Sister right in father property
Rajesh Bansilal Vispute
(Querist) 10 November 2017
This query is : Open
Dear Experts,
My query is related to father property. The case is in our agricultural land 7/12 initially only my father name was there. After that in 1993-94 my aunty (My father's sister) was forcefully added her name in 7/12. That time we were trying to communicate with her but she was not answered us perfectly. Now in 2010 she passed away but having 3 heirs now. She got married before 1994 & even she was well settled & she had having so much property already.
So in this case is it having any way to take objection.
Please sir reply on this query ASAP.
Thanks & Regards,
Rajesh
Guest
(Expert) 10 November 2017
The train to destination has already left long ago. Forcefully or not, after 23 years of entry of the name of your aunty, no chance now that too after her death. However, no restriction for you, if you want to try your luck through the intervention of the competent court. But, you can only expect waste of time and money in your futile efforts.
Rajesh Bansilal Vispute
(Querist) 10 November 2017
Yes sir its right....! Only i would like get to know from youe side that is there any clause available now that if women got married before 1994 then partition happenned according to act 1956 Hindu property act.
SHIRISH PAWAR, 7738990900
(Expert) 10 November 2017
If the agricultural land is ancestral then your Aunty is also one of the legal heir. As per my view Aunty's marriage date doesn't make any difference as per law she has right in the property if it is ancestral one.
Rajesh Bansilal Vispute
(Querist) 10 November 2017
Respected Sir,
Pls suggest if any possible act/ clause available in this situation. Because her heirs already financially very strong. (1st heir was retired class 1 officer in railway, 2 nd heir is now SUB INSPECTOR in crime branch and 3rd heir is also financially good) comparatively our situation is not that much financially good. So sir please suggest any possibilities thus atleast we can take stand.
Sudhir Kumar, Advocate
(Expert) 11 November 2017
the financial status of claimant is not relevant.
you have to give them their claim
Ms.Usha Kapoor
(Expert) 11 November 2017
After 2005 HSA amendment Act happened and daughter got irghts even i Agrculturarl property on par with their brothers. So y0ur Aunt has a rght claim a share in your father''s ancestral prperty is very much there. E$nter into a family settlement Deed registered and allot some shareto her 3 legal heirs to save on time, court exopenses or litigation cost etc. settle the matter amicably etc.Or aopproach LOk ADsalat attached to every district court and with consent of your late sister's legal heirs you settlethe matter amicably and the LoK ADalat may summon your sistersegal heirs and woud try to settle the matter amicablyin a give and take manner. THe decree of Lok Adalat is equal to a civil court decree and binding on both the parties to thecase. It will dispose of the matter injust 1/2 an houre time.
Ms.Usha Kapoor
(Expert) 11 November 2017
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Rajendra K Goyal
(Expert) 11 November 2017
She has her name in the property record, her legal heirs can claim on this bases.
Obtain record of last 50 years from tehsil office and discuss with local lawyer in view of state law.
Dr J C Vashista
(Expert) 12 November 2017
You have adequately been advised by experts, which I agree.
Now it is your turn to consult a local prudent lawyer for proper appreciation of facts, guidance and proceeding.
Rajesh Bansilal Vispute
(Querist) 23 December 2017
I know 2005 amendment.... But is it having any clause or act in exceptional cases through which we can take objection... Because my father is retired person and he is always in tension because the aunts heirs behave oppressively with us. We are not that much financially strong. Aunts heirs all are well settled financially which already mentioned above however they are demanding half part of agricultural land. So kindly let me know in what exceptional cases sister dont have the right in property. Please.......
Advocate Bhartesh goyal
(Expert) 11 November 2017
