Sister property rights
Puttamadanaik.B
(Querist) 15 June 2012
This query is : Resolved
Dear Experts,
We are Four child for my father, My father has 5 acer of land before his death. Before my father passed away he did registration deed in favor of me in 2004, and he passed away in 2008. This land are not my father own land. Now my problem is my three sister are asking share in the property, they said as per karnataka rule we have equal share. How it is possible two are married before 1990 and one sister is married in 1997.Pls tell me they have property share or not, if they have how?
thank you
ajay sethi
(Expert) 15 June 2012
did he execute gift deed in your favour? was it your father self acquired property .
if so your sisters dont have any share in said land
Adv.R.P.Chugh
(Expert) 15 June 2012
In case of it being an ancestral property and not self acquired by your father - the other can claim immaterial whether they are married before or after a certain year, The national amendments to HSA, 2005 make no such distinction
Nadeem Qureshi
(Expert) 15 June 2012
Dear Querist
as per Hindu Succession act 1956 read with amendment act 2005 the daugther can get equal share as son.
Anirudh
(Expert) 15 June 2012
Dear Mr. Puttamadanaik,
You have to tell some history about the property in question.
1. How did your father get the property?
2. Whether he purchased the property? If so when did he purchase it?
2. If he got the property from his father - then in which year he got it?
3. In which year your grand father died?
4. How your grand father got that property? Did he buy it?
5. Other wise, did your grand father get that property from his father? If so when did your great-grand father (i.e. father of your grand father) die?
6. On what date your father transferred the property to you (i.e. date of registration of the documents in your favour).
Only after knowing the above information, one will be in a position to answer your query.
Advocate Rajkumarlaxman
(Expert) 15 June 2012
if you have deed in your favour and if they were married by your father you can contest the same but still i think one sister who got married after 1996 may get some share. this all is to be challenged and decided as per the exact facts and circumstances of your case. if you require excat explaination put the facts very clearly and in detail then we can clear your doubts. otherwise as universal /" one mans food is another man poison. "
Puttamadanaik.B
(Querist) 18 June 2012
1. How did your father get the property?
My father get from my grand father.
2. Whether he purchased the property? If so when did he purchase it?
No.
2. If he got the property from his father - then in which year he got it?
1974
3. In which year your grand father died?
1976
4. How your grand father got that property? Did he buy it?
2 acres are buying and 3 acres are my great grand father property.
5. Other wise, did your grand father get that property from his father? If so when did your great-grand father (i.e. father of your grand father) die?
Only three acres, 1964
6. On what date your father transferred the property to you (i.e. date of registration of the documents in your favour).
18/8/2004
Anirudh
(Expert) 18 June 2012
From your above answer am I to understand that:
1. Your great grand father bought 3 acres (he did not get it from any of his father or grand father).
2. Your grand father bought 2 acres.
3. If my above understanding is correct, then since your great grand father died in 1964, the property which your grand father got is his 'personal property' and therefore not ancestral property.
4. Similarly, since your grand father bought 2 acres and he died in the year 1976, the property which your father got was his personal property and not 'ancestral property'.
5. Being his personal property, your father has every right to dispose of the same in whichever way that he wished. Nobody can have any claim over the said property or object to the actions of your father.
6. Therefore, if your father had given by way of registered transfer deed, then you are the owner of the property and nobody can successfully challenge it; though any one can challenge it. The ultimate success would be yours and not anybody else's.
Shonee Kapoor
(Expert) 18 June 2012
I fully endorse the views of Ld. Anirudh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
