Property share
Querist :
Anonymous
(Querist) 31 May 2011
This query is : Resolved
Dear Experts,
My Family tree is
Father - Mother(Alive)
/
(Exp 2006-2007)
/
Daughter - Daughter - Son - Daughter
Marriage(1985) (1998) (1990)
My father has 10 acer of land when he is alive at the time, before expaired my father is change all the property to my brother name by registration(2004), we are (daughters)not taken anything in the property, as a second daughter going to file the suit, Please let me know what is the share for me in the total property, in total property my share is 1/3 or more, give me details,(property are sutiated at karnataka State)
Please explain my share about entire property.
Thank u,
M/s. Y-not legal services
(Expert) 31 May 2011
Dear author, you didn't stated about the nature of the property. Its ok. I will presume that its hindu's ancestral property and giving my view that, as a legal heir all of you having equal share. While being as a share holder your father can't give any property to any one of you. So you can challenge the above name transfer, also you can file a partition suit.
M/s. Y-not legal services
(Expert) 31 May 2011
On the other hand, if its your father's self acquired property mean, in his life time he can do any arrangements regards the property. You can't challenge it. Suppose without any arrangements if he expired mean remaining legal heirs will get your shares equally include your mother.
Querist :
Anonymous
(Querist) 31 May 2011
Dear Sir,
In total property devided as two parts one is ancestral property, and also with self earned.Please clarify one more thing, is my mother also have one acer of land purchasing by our family earnings.What about this one acer,
THE HINDU SUCCESSION (KARNATAKA AMENDMENT) ACT, 1990.
(Received the assent of the President on the Twenty-eighth day of July, 1994)as per this amendment some one says after this act comence which daughter will get marriage she will get equal share in the any of the property,(ancestral,or self) is this true or false please clarify.And as a second daughter i am getting marriage with one of intercast person,this matter is any problem for getting my share in the property.
Thank u
R.Ramachandran
(Expert) 31 May 2011
Dear Anonymous,
You have to come out with clear facts.
Currently whatever you have stated are not at all clear.
First state what are the properties left behind by your father.
Please state which are the ancestral property (and why do you say it is ancestral - what is the basis) and what are his self-earned property.
When you say that your father had registered the property in the name of your brother, indicate as to what are the properties that he changed to your brother's name.
Similarly, state whether the property left behind by your mother was in her name at the time of her death?
Only after knowing the clear answers to the above question, it will be possible to give appropriate answer to your query.
Querist :
Anonymous
(Querist) 01 June 2011
Dear Ramachandran Sir,
Real fact is we are three daughter and one son for our father, my father have 10 acer of agricultural land, Land are sutiated in Karnataka state, Bangalore district, we all three are married daughter for my father, first daughter is marriage in 1985, second daughter marriage in 1998, and third daughter is marriage in 1990. Coming to the point is my father gave the all property to my brother by registration did in 2004, and he passed away in 2006. In this Partitions did my father did not mention any thing for daughters, Total property are registered for my brother, and my mother also have one acer of land in her name, this land will be purchased(1996) by my father earnings, now she also favor of my brother, but still this property is there in name of my mother. My brother is sell some property to third party also . In all property daughter are not getting anything, that’s why as a second daughter marriage in 1998, I am thinking file the suit for asking for my share in the entire property. Please give your good suggestion for me what is the share in the property for me 1/3 or more as per THE HINDU SUCCESSION (KARNATAKA AMENDMENT) ACT, 1990. And please let me know I will win the case or not.(I dont know the propertys are which one is ancestral and which one is self but before death of my father all property are there in his name)
Expect your good suggestion,
Thank u
&
Regards
Anonymous
Querist :
Anonymous
(Querist) 01 June 2011
Dear Ramachandran sir,
I mention one point here, propertys are not thier in my father name before his death,is their before registration to my brother.After registration all documents are changing to my brother name.
R.Ramachandran
(Expert) 02 June 2011
From the facts given by you, it appears that it is your father's personal (self-acquired) property.
Therefore, he has every right to do whatever that he wants to do with the property.
Accordingly, since he wished to give the entire property to your brother, he has given it to your brother. NONE OF YOU can question his action. Therefore, you have no right to ask any share in the property.
The THE HINDU SUCCESSION ACT, 1956 or Hindu Succession Act (KARNATAKA AMENDMENT) ACT, 1990 have no application at all in your case. Those Acts will come into operation only if your father had died without leaving any Will or without disposing of the property by way of GIFT etc., to anyone during his life time. In this case, during his life time, your father had already given the entire property in favour of your brother. Therefore, the Hindu Succession Act has no application in your case.
Similarly, since your father has given 1 acre land to your mother she can enjoy the same. Nobody can claim any share from it. However, if she dies without disposing of the property during her life time, then and ONLY THEN you children, i.e. one son and three daughters can claim inheritance of EQUAL share in the 1 Acre land left behind by your mother. However, if your mother also, before her death, gives away her 1 acre land in favour of anybody (you are hinting that she is wanting to give it to your brother), then you cannot do anything.
