Property matter
Querist :
Anonymous
(Querist) 28 December 2011
This query is : Resolved
my father have 5 siblings so total 6 children. 3 sisters and 3 brothers
Now while ancestral property division even sisters get the property?
I think there is some law which gives the exception that, the sister married before that particular year will not get the ancestral property.
Please through some light on this matter and if possible kindly provide with the year and law which gives exception.
regards
Sajjala
R.Ramachandran
(Expert) 28 December 2011
Dear Sajjala,
You have to indicate the following information:
(i) In which State the property is situated.
(ii) Each of the daughters got married in which year?
(iii) On what basis do you say that it is "ancestral property"?
(iv) Whether your father is alive?
(v) Whether your mother is alive?
Querist :
Anonymous
(Querist) 28 December 2011
1) Maharashtra
2) 1st - 1975 2nd - 1979 and 3rd - 1980
3) wt are the bases
4) yes
5) yes
Nadeem Qureshi
(Expert) 28 December 2011
Dear Querist
How do you know that the property is ancestral Property?
Querist :
Anonymous
(Querist) 28 December 2011
my father told me,
could u pls tell me what does ancestral prop means?
Nadeem Qureshi
(Expert) 28 December 2011
as per my opinion, if it is your grand father's property then when did you grandfather died?
if they died before 1956 then the property devided by Hindu Law according to Mitakshara or Daybhaga as per applicable.
if he died after 1956 and before 2005 then the property divided according to Hindu succession Act 1956, if he died after 2005 then the property govern by amended act 2005.
feel free to call
Nadeem Qureshi
(Expert) 28 December 2011
Ancestaral property mean the property who give 1 generation to other genarations. not self aquired
Querist :
Anonymous
(Querist) 28 December 2011
he died before 2005,
and half property is ancestral and half is self acquired.
could you please tell me how that self acquired property shall be divided?
R.Ramachandran
(Expert) 28 December 2011
Dear Sajjala,
Without going into the exact nature of the property whether it is "Ancestral" or "Self-acquired/personal property" of your father, let me give you the position for both.
ANCESTRAL PROPERTY:
If it is an "Ancestral property", since your father is still alive, and the property has not so far been partitioned (i.e. the property still remains undivided), even the daughters are eligible as an equal coparceners like sons. This is because of the erstwhile Maharashtra Act 39 of 1994 which came into effect w.e.f. 22.6.1994; and the latest Hindu (Amendment) Act, 2005.
SELF-ACQUIRED/PERSONAL PROPERTY:
If the property is self-acquired/personal property of your father, then during the life time of your father, nobody (including wife, son / daughter etc.) has any right to claim any share in the same. Being the absolute owner of the property, your father has every right to dispose of the property in whichever way that he wants. He can give away the property to anybody by way of GIFT, or WILL or even sell of the property. Nobody can object to the same.
However, if your father does not dispose of the said property in any of the above methods during his life time, and dies intestate, in that situation all his legal heirs (legal heirs of your father are his mother, his widow, son(s) and daughter(s)) will inherit the property equally.
ashutosh mishra
(Expert) 29 December 2011
A great deal by R.Ramachandran Sir!
Advocate. Arunagiri
(Expert) 29 December 2011
I fully agree with Mr.Ramachandran, nothing needed to add.
Querist :
Anonymous
(Querist) 29 December 2011
Thanks a lot Sir, very explanatory answer, my query is solved.
thanx again
Sajjala
