Women share in Ancestral Property
Querist :
Anonymous
(Querist) 09 June 2011
This query is : Resolved
Dear Experts,
My father have above 8 acre of Ancestral property, before my father passed away in 2006, my father transfer all the property to my only one brother name by registration partition in 2004. We are three daughter and one son for my father. But my father did not give any thing for us and not mentioning any thing in the registration deed. Because I am the elder daughter for my father marriage in 1998. In 2005 I concert my local lawyer to file the suit for my share in the entire property. The case title is I am the Plaintiff in the case and my family all members are defendant party’s and also my brother sold some property in this time , that purchaser also defendant party of the case including my mother. My lawyer file the suit for partition basis of Hindu succession Karnataka amendment act 1994.
My Questions are:-
1. My father have full rights to transfer the property to my brother name of not?
2. My father transfer all the property in 2004(8/10/2004) this is help for my brother of me?
3. Why my lawyer asking share about Karnataka amendment act 1994, in this time central act 2005 is not in position or any other reason ?
4. He already sold some of the property , in this sold property I have share or not?
5. My lawyer asking 1/3 share for me in entire property how?
6. What is the my share in the total 8 acre property?
7. My brother file suit against purchaser in the AC court Why? AC court case number is entered in the RTC and in the AC court they getting Stay order also how?
8. AC court case give any trouble for me or not?
9. When my father share the property with my brother, my father also have one acre of land in his name. But in the registration deed he mentioning one point, after his death this one acre land should go to his grand children. Please let me know, he have this type of rights or not.
Please clarify my question and please explain each question to your good suggestion.
Thank u Sir,
&
Regards
Sujatha
R.Ramachandran
(Expert) 09 June 2011
Since you say it is an ancestral property, I go by that.
It is not clear whether your mother was alive when your father died.
Assuming that your mother was alive, and since your father died in the year 2006 and the property had remained undivided till then, the provisions of Hindu Succession (Amendment) Act, 2005 will come into play. Accordingly, all the daughters will have equal rights as sons in the family.
Assuming your mother was alive, the property will be first partitioned and each one (your late father, mother, your brother, you and your two sisters) will get 1/6th share.
Since your father had died without leaving any WILL, his 1/6th share will go by way of inheritance equally amongst his legal heirs viz., your mother, your brother, you and your two sisters.
Similarly, in case your mother does not leave any will, her share 1/6th + 1/5th of your father's 1/6th share, will go by way of inheritance amongst her legal heirs viz., your brother, you and your two sisters.
I do not know on what basis your lawyer is demanding 1/3rd share for you. You have to ask him.
If your father was having 1 acre land in his name, and if that property was his self-earned property, then he had every right to give away that property by way of WILL to his grand sons. No body can question his action.
Querist :
Anonymous
(Querist) 10 June 2011
Dear Experts,
My mother does not leave any will for her share, when the share will divided to her childrens, She alive at the time or after.
My father having 1 acre of land is not his self earned land,What about this one.
Please Explain about points number 7,8 and 9 about AC court matter.
My father already transferd the property to my brother in 8/10/2004,what action court will take about this matter.
Thank u Sir
&
Regards
Sujatha
Querist :
Anonymous
(Querist) 10 June 2011
Dear Experts,
My mother also have some of the property in her name Receiving by her parent,any possibality is their we can ask share in this. My mother father and mother still not alive.
Thank u
Querist :
Anonymous
(Querist) 10 June 2011
Dear Experts,
My brother already sold some of the property in total property.He have power to sold the property or not please give suggestion.
Thank u
R.Ramachandran
(Expert) 10 June 2011
IF the 1 acre land is not your father's self earned property, then that will also form part of the ancestral property and the partition of the same will take place as mentioned by me for other ancestral properties. At point No.9 you say in the registration deed your father has said that it should go to his grand children. I do not know which registration deed you are talking about.
As regards, your mother's property, if she has not left any will, then the same will be inherited by her legal heirs after her death and not during her life time.
As regards points 7, 8 it is not possible to comment as to what the intentions of your brother are.
Querist :
Anonymous
(Querist) 10 June 2011
Dear Ramachandran sir,
My lawyer says he asking share for me basis of Hindu succession karnataka amendment act 1994.He said that time you r the only eligeble for equal share of your father property your sisters have only limited share.How please tell me sir.He also said in this time this act is comencing only several states.
I have totally confuse, Please give your suggestion.
R.Ramachandran
(Expert) 10 June 2011
You filed the suit for partition in the year 2005, by which time, the HSA (Amendment) Act, 2005 had come into force. All the sisters both married and unmarried are eligible for equal share in the partition by the said amendment. Since you demanded partition only in the year 2005, prior to that no partition had taken place. Only those partitions which had been effected prior to 24.12.2004 were not to be disturbed. In your case since no partition had taken place prior to 24.12.2004, it cannot be said that you are the only daughter who is eligible for share in the partition. Therefore, 1/3 demand is not correct. However, having demanded 1/3rd it will not spoil your case. After all, the Court will go through and if required, it will reduce the share that is all.
Querist :
Anonymous
(Querist) 13 June 2011
Dear Ramachandran sir,
My partition suit is started from october 2005, my father did the partition deed for my brother in 8/10/2004.But you r says my prior that no partition had taken place.My father and my brother were did the partition before 24.12.2004, this is effected for my partition or not. Before 24.12.2004, they are did wrong partition or not.When i file the suit for partition that time all Revenue docoments are (RTC and Mutetion)their in my father name.Please tell me for my partition suit court will consider karnataka amendment act or central act 2005.
Thank u sir
