resolved can daughtershare in property
Querist :
Anonymous
(Querist) 22 October 2010
This query is : Resolved
sir,
my mothers father made a will that the property belongs to his 2 sons and not for daughters.the property is not self aquired
by my grand farhers it is his fathers property.it will become ancestral
so the duughters son can claim against property
but the brothers already made the partition to their names according to will
and khata to their names so the daughters son can claim ,because daughter is dead and to file suit the mutation and rtc paper is enough to file suit
Devajyoti Barman
(Expert) 22 October 2010
Yes, the daughters' son can still file a suit for partition.
R.Ramachandran
(Expert) 22 October 2010
In regard to ancestral property, before deciding whether the daughters will have a share or not, the following particulars are necessary:
(1) Where is the property situated?
(2) When did the partition take place?
Any answer given without information on the above two aspects will be incomplete and inconclusive.
Querist :
Anonymous
(Querist) 22 October 2010
sir,
the property stitiuated at bangalore,
the will made in the year 1970,
the partition by brothers made in the year 1987. my mother died at 1999
R.Ramachandran
(Expert) 22 October 2010
The Government of Karnataka made the Amendment HinduSuccession (Karnataka Amendment) Act, 1990 with effect from 30.7.1994, granting equal rights to daughter in coparcenary property.
BUT this provision shall not apply to a daughter married prior to commencement of Hindu Succession (Karnataka Amendment ) Act, 1990 or to a partition done before that date.
In your case, I presume that your mother might have been married prior to the commencement of the Amendment. In any case, the partition had been done prior to that date i.e. prior to 30.7.1994.
As such, your mother was not entitled for a share in the co-parcenary property and as such even her son cannot claim any share in the said property.
Querist :
Anonymous
(Querist) 22 October 2010
sir,
when the will was made in 1970 my mother was not married my mother was married at 1972 my grandpa died in 1971 the marriage was done by brothers.
my mothers father has 25 acres of agriculture land.he is dead and my mother also died.
my grandfather had 9 children among that my mother was younger one.my grandfather had 2 sons and 7 daughters.
my grandfather made a will before death that the property belongs to the two sons only because the 6 six out of seven daughters are married to good background families houses,but the younger daughter marriage should be done by 2 brothers giving to a good background family and died before her marriage.
but the 2 brothers made the the marriage of their sister to a man of low background, he didnt even have a house to livein and didnt even turn up to their sister after marriage,after 2 sons and 1 daughter wwere born to her she got sick
because of some skin disease, but the husband did not have that much money to cure her no body gave support the disease was serious and she died .now the children in street and her husband is drunkard.they have nothing for livelihood so the 3 children of her have the rights to claim the property of their mothers fathers property.
the will was made in 1970 by her father before her marriage and died,the brothers made marriage to her in 1972 and she died
in 1999 .
so the sons and daughterof her can have rights about the property
the 2 brothers of her saying that no rights to any daughters in property because the will is registred in the name of 2 sons only.
so the children of younger daughter have the right to claim property of their mothers fafhers property after the will he had made
so pls give suggestion how to claim the property is own of her father or ancestral dont know. tell that the children can claim whether it is ancestral or of her own father
Querist :
Anonymous
(Querist) 22 October 2010
sir dont consider the last 3 lines because i knew it is ancestral property, today only i got the clear picture for confusion.it is not my grandpas it is his fathers
Querist :
Anonymous
(Querist) 22 October 2010
Ramachandran sir,
as u said about the act that not possible
we can just file the suit for just 5% of share for the lively hood.because we have nothing the value of property is 30 crores.
R.Ramachandran
(Expert) 22 October 2010
Dear Mr. Anonymous,
I appreciate that you don't have anything. But, in view of the provisions in the law which is against you, the Court also will not be able to do anything. Asking for just 5% or 2% etc., is on sympathy factor and court will not give such relief in property matter on the basis of any sympathy. If you still want to file a case, yes you will be spending money on the lawyer.
Querist :
Anonymous
(Querist) 22 October 2010
thanking u very much sir for u r kind advise and for the patience for of advising
with me
regards
s.subramanian
(Expert) 23 October 2010
I agree with Mr.Ramachandran.
