Distribution of property or making a will

This query is : Resolved 
 

(Querist)
09 May 2008

One of my relative a widow is having two sons and three daughters. She is having an immovable property where she reside along with her elder son. Another son is also living seperately at that place. Both sons have good jobs. The source of earning for the widow is rent which she get by letting out a part of property. Now the dispute has been raised by both sons for partition of property. My query is that whether the old lady who is getting no financial or emotional support from her sons is bound to divide the property. If she want to distribute the property among her all childern then what legal step she should take. If the sons do not allow her to give share to her daughters what remedy she is having. If she don't want to distribute the property during her life time, then whether she should make a will and what is the legal validity of that.What legal rights for the married daughters are vested in that self acquired property.


Manish Singh (Expert)
09 May 2008

If daughters have got married before 5th of September, 2005, then legally they do not have any share in the ancestral property.
Did your husband has made any will?
the thing you can do is make partition of the property and have your equal share in the same and then make a will giving away your property to your daughters.

TSBehera (Expert)
10 May 2008

The property if self acquired by her she can very well do what ever way she likes including making a will as she like the way same to be transferred after her death.
If it is inherited from her husband then she has right only to the extent of her share of her upon the property.
Sons and daughters have now equal rights and if the property belongs to his father then same shall be divided equally amongst them including a share to widow.This can be done mutually or filing a Title Suit.
if the property is self acquired property of widow the sons don't have any say now.They can claim partition after her death only or will if any be executed then.
Sons cannot restrain daughters share at any cost like this .Well daughters after getting their share can gift their share to either sons or to any body including their mother.

TSBehera (Expert)
10 May 2008

Mr Manish

Will you please help me citing section /order/rule of CPC or bare acts or case law citations where daughters married before 5.9.2005 does not have right to ancestral property.
Will you please let me know in my e-mail TSBehera@Yahoo.co.in

H. S. ThukralOnline (Expert)
10 May 2008

You have not specified whether the property is in the name of widow. If the property is in her name she has incontestable right to enjoy the property. She has further right to alienate the property in any ones favour during her life time and dispose of the property after her death by a legal and valid will, as per her wishes, including in favour of her daughter.
However if the property is yet in the name of her diseased husband then any of his legal heirs has a right to ask for partition of property. Married daughters are co-sharer in the property.

Manish Singh (Expert)
10 May 2008

Dear Mr. Behera,
the provision has been made by the amending act of 2005 of Hindu Succession Act which is not retrospective.
This act has now conferred an equal share for married daughters in the ancestral property even in the mitakshara Hindu families which is conferred on the status of the very fact of birth in hindu family.
Before that,married daughters were only entitled to maintenance and nothing else under the Hindu Maintenance & Adoption Act.

But if I am wrong in interpreting the thing, I kindly request you please guide me further.

Maya Arora (Querist)
10 May 2008

Thank you Mr. Manish Singh, Mr. Behera and Mr. Thukral for giving your suggestions.

J K AgrawalOnline (Expert)
11 May 2008

Dear Mr Manish

I think the concept of Hindu Succession is not very clear to you. What is the difference is situation before 5-9-2005 and after that is to be understood. prier to amendment act, property was to be devolve (as per section 6) as per rule of survivorship subject to female heir of class one. Rule of survivorship is to devolve property in coparceners per strip per capita. Coparceners were MALE members of family only and they were having vested interest in property by birth. After the amendment, the FEMALE members are also coparceners and they also have vested interest by birth only. advocatejk@yahoo.co.in

Ashey (Expert)
03 April 2009

The property if self acquired by her she can very well do what ever way she likes including making a will as she like the way same to be transferred after her death.
If it is inherited from her husband then she has right only to the extent of her share of her upon the property.
Sons and daughters have now equal rights and if the property belongs to his father then same shall be divided equally amongst them including a share to widow.This can be done mutually or filing a Title Suit.
if the property is self acquired property of widow the sons don't have any say now.They can claim partition after her death only or will if any be executed then.
Sons cannot restrain daughters share at any cost like this .Well daughters after getting their share can gift their share to either sons or to any body including their mother.



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