Share of married daughter on parental property

Pramila Kandpal (Querist) 23 August 2011 This query is : Resolved

Dear Experts,
Please answer to my query mentioned below ( the same has also been given in attacheed file).
Thaning you
Yours sincesely
Pramila

I got married in year 1993.My father died on 20th July 1990, before my marriage and my mother on 9th June 2005. My father and mother had left some property in Uttarakhand besides other assets at the time of their death.
As per the Hindu Succession Act 1956 which has been modified from time to time and latest in 2005, I am one of the successors of the property left by my parents at the time of their death.

Succession to a agricultural land which was in the name of my mother was made in the name of my younger brothers without any information to me. The succession had been done in the month of November 2005 after the death of my mother. In the Succession act 2005 it has been mentioned that the act would be effective for the partition made after 20th December 2004. However in the act it had also been mentioned that the act would be effective from September 2005 after i.e the death of my mother.
My Question is
1. Whether I have any right on the said agricultural land or not as the partition or succession had been done after the implementation of the 2005 act?
2.In spite of my repeated request my brothers are not revealing any thing about the properties left out by my parents. Can I have share on the other properties like dwelling house etc? If yes what legal action I should take in order to know the details of the property left out by my parents at the time of their death?

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Guest (Expert) 24 August 2011
You have read the act carefully. So You know that the transactions done after 20.12.2004 will be affected by the act by succession. In your case your father died intestate. So HSA will apply. Also the mother cannot transfer without the consent and sign of the other legal heirs in transferring or settling the joint family property. So consult a lawyer in this aspect and send a legal notice for partition immediate and file suit for partition. You will get share.

R.Ramachandran (Expert) 24 August 2011
According to you some properties were in the name of (1) your father and (2) your mother.

Please indicate, whether the property in the name of your father was his self-earned property or the property which he received from his father etc. (You have to give complete details).

If the property was received by your father from his father etc., then you have to indicate (i) whether the property in the hands of your grand father was his self-earned or otherwise (ii) When did your grand father die.

Is there any brother(s)/sister(s) to your father. If so, upon the death of their father, did they also get their share in the property or not.

On receipt of information, an appropriate answer will be provided to your query.

prabhakar singh (Expert) 24 August 2011
yes !without details asked for no accrate opinion can be formed by any of us.

Surrender K Singal (Expert) 24 August 2011
You would, in any case, have your share !

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