Daughter share in father property
Querist :
Anonymous
(Querist) 28 June 2011
This query is : Resolved
The property (In Chennai, tamilnadu)is in the name of my grand father, he had 1 son (mr C)and 5 daugthers (mrs A,B,D,E,F).
Iam a Son of Mr C. my father is the one who develeoped our family and above said property from small hut to floored building.
He is the one who maintaining the above said property for more than 40 years by paying all the revelent taxs. But only things is the property is in the name of my grand father who not even spent any single penny for the dvelopment or maintanence of the property and for our family too(because he went away from our family to enjoy a life separatly in his village).
Recently my grand father was died, out of 5 daughters, 4 daughters (Mrs A,B,D,F)were given the release deed stating they don't required any share from above said property(considering all the earlier expenceses were spent by my father i.e marrgaie etc).
But one daughter(Mrs E) was first agreed to release her rights (1/6 of share) for
sum of Rs 1,00,000/- and she singed in the agreement for release deed in the twenty rupsee stamp paper and she taken Rs 50,000 from my father as advance by agreeing to sign in the release deed once balance paid up with in six months.
but after one month she filed a case against my father and against all the four sisters.
Question?
1)she got married in the year of 1979? since she got married prior to tamil nadu civil act 1989 whether she have any rights to claim share?
2)first she agreed to sign in the release deed, after receiving Rs 50,000/- she filed a case against my father, what kind of action we should take against her?
3)more over she filed a case with encumberance ceritificate with incorrect information(she dont have any other docs)with the incorrect information whether the case she filed is vaild or not?
R.Ramachandran
(Expert) 28 June 2011
First and foremost it is not clear whether the property in the hands of your grand father was self-acquired by him or not. If not self-acquired, how did he get that property and from whom?
Only after knowing the above minimum fact, it will be possible to give any appropriate view on the matter.
Querist :
Anonymous
(Querist) 28 June 2011
This land was purchased in the year 1970's
by three person's contribution for Rs 3000/-
1)grand father by selling some land in the village.
2)small earnings of my father by doing a labour job.
3)grand mother by selling vegetable as street vonder.
since the grandfather was a elder man in the family the property was registered in his name at that time.
R.Ramachandran
(Expert) 28 June 2011
From the looks of it, it appears that it is a joint family property.
In Tamil Nadu, the daughters were made coparceners with equal share as that of a son in the family only with effect from 25.3.1989.
Therefore, when your grand father died, the property has to be first divided between your grand father and his son.
Daughters (or widow i.e. grandmother) will not have any share in the partition.
However, from the 1/2 share that will go to your grand father, since he has died without leaving any WILL, that portion will go by way of inheritance amongst all the legal heirs (the grandmother seems to have died earlier to the grandfather) i.e. son and five daughters.
Thus, the son will get 1/2+ (1/6 of 1/2) i.e. 1/2+ 1/12 = 7/12 share.
Each of the daughters will get 1/2x1/6 = 1/12th.
Thus, the sister, who is claiming partition is entitled only to 1/12th share in the property and not 1/6th as you are thinking.
She will definitely get her share through court. But that will be only 1/12th share in the total property and not 1/6th. This is because, the property in question is a coparcenary property and not the personal property of your grandfather.
If the property was treated as personal property of your grand father, then she will definitely get 1/6th share in the property.
Querist :
Anonymous
(Querist) 28 June 2011
Thanks for your advice,
but can you further adivce regarding below question also.
2)first she entered in to an agreement to exiecute a release deed, after receiving Rs. 50,000/- she filed a case against my father, what kind of action we should take against her?
3)more over she filed a case with encumberance ceritificate with incorrect information(she dont have any other docs)with the incorrect information whether the case she filed is vaild or not?
R.Ramachandran
(Expert) 28 June 2011
One has to see the documents - what you call as incorrect information - if the court comes to the conclusion that the information is not correct, then the suit will get dismissed. If she has agreed to give the release deed after taking money, then that is not technically a release deed but a sale deed. A release deed is without consideration, equal to gift. When her share itself has not been determined, the question of her selling any share does not arise. Therefore, forget about taking any action.
Concentrate on the main case.
