Legal rights.

S.Nachiappan (Querist) 23 April 2011 This query is : Resolved
I am a married women married in the year 1973.My grand father (father,s father) has ancestral property 70 cents of land. Even before my father's death my fathers brother and my brother has entered into a partition deed agreement and registered the same and showing that both have constructed houses seperately three years before. My father has expired in Dec.2010. We are three sisters and brother. My brother alone is now enjoying the property ( 35 cents) after constructing a house. Am I ellible for a share in the ancestral property. We belong to Tamilnadu State.
(N>Meenakshi) (09363102693)

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Guest (Expert) 23 April 2011
YOU MAY KINDLY NOTE THAT.
1.YOU MAY FILE A CIVIL SUIT FOR PARTITION OF THE SAID PROPERTY .COURT WILL ISSUE NOTICE TO ALL LEGAL HEIRS AND THE COURT WILL DECIDE THE SHARE OF LEGAL HEIRS IN THE SAID PROPERTY.IT MAY INVOLVE COURT FEE STAMPS TO BE PAID TO THE EXTENT OF YOUR SHARE IN SAID PROPERTY.YOU WILL SUCCEED.GOOD LUCK.

R.Ramachandran (Expert) 23 April 2011
In Tamilnadu, amendment to Hindu Succession Act, 1956, granting equal rights to daughter in coparcenary property was brought into effect ONLY WITH EFFECT FROM 25.3.1989.
It has been very specifically mentioned in the said Act that this facility/benefit will not be available to a daughter married before 25.3.1989.
Since you got married in the year 1973 itself, that is before 25.3.1989, you cannot make any claim in the ancestral property. Only your brother can have a claim, which he has already claimed and got.

Guest (Expert) 24 April 2011
Ramachandran has made a correct observation of the situation, as any law unless specifes otherwise cannot be made applicable prior to the date of passing by the legislature.

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