Ancestral property inheritance
Rame
(Querist) 13 December 2013
This query is : Resolved
Respected Sirs,
I am female, hindu, married.
My father has willed his share of ancestral property to his sons (my brothers), without informing his daughters including me.
Is it legally valid?
I believe I too have equal right by birth by law, and my father cannot will without my consent, eventhough it is his share but by virtue of inheritance by law, I also come in automatically.
Is my assumption correct?
Await your valuable opinions.
Guest
(Expert) 13 December 2013
Yes you are Right and daughters have the Rights.Consult a local lawyer serve the notice and file the partition suits
Dr J C Vashista
(Expert) 14 December 2013
Engage a local lawyer and ask for partition, you have equal share with other LRs of your father.
malipeddi jaggarao
(Expert) 14 December 2013
How your father got the property? If your father got it from his parents intestate it is ancestral property; if he got it by Will it is self-acquired property, though the property devolved upon him is of ancestral. First be clear on this aspect and consult a lawyer as advised by the experts.
V R SHROFF
(Expert) 14 December 2013
QUERIST IS RIGHT. SHE HAS HER RIGHT INTACT.
Rame
(Querist) 14 December 2013
Respected Sirs,
Thank you for your valuable opinions.
For Shri Mallipeddi Jagga Rao: My father got ancestral property from his parents intestate.
Rajendra K Goyal
(Expert) 14 December 2013
Well advised by the experts, querist has right in the ancestral property.
T. Kalaiselvan, Advocate
(Expert) 14 December 2013
The question of law is: If she has been married prior to 2005?, Whether her father has conveyed the entire property that was allotted as his share out of the ancestral property through a Will in favor o his sons?
whether her father is alive now? If not when did the Will come into effect?
A confirmation to the queries will enable a proper advise/reply as per the latest amendment (2005) of the Hindu succession act
Guest
(Expert) 15 December 2013
Please Reply to the above clarifications of the above Expert Mr,T.Kalaiselvan
Dr J C Vashista
(Expert) 15 December 2013
Mr. Malippedi Jagga Rao ji the querrist has already mentioned that her father got it from his parents intestate it is ancestral property.
Mr. T. Kalaselvan ji,I agree with you that the amendment in Hindu Succession Act came into force in the year 2005, however, even prior to that the daughter(s) had an equal share in father's ancestral property, although the daughter couldnot seek partition during father's life time, they (daughters)were allowed the right to reside.
Whatsoever, Ms. Rame, you have equal share (with your brothers/sisters/mother) in your father's ancestral property whether will was or was not executed in your favour.
Anirudh
(Expert) 15 December 2013
Dear Rame,
You have to indicate, as to in which year your father got the property from his father (not parents)
How did your father's father (grandfather) got the property i.e. whether it was self-acquired by him, or he also got it from his father?
If your grandfather had got the property from his father, then in which year he got it?
The above is the minimum information required, even to find out whether the property is ancestral in nature or not.
Whether you are entitled to any share or not will depend upon the answer to the first question above.
Any reply given to your query, without seeking information on this basic point, would not be appropriate, though such an answer may prove to be correct by chance but not based on any relevant information.
ajay sethi
(Expert) 15 December 2013
answer queries raised by anirudh
Rame
(Querist) 15 December 2013
Respected Sirs,
My father got it from his father in 1957.
My grandfather got it from his father. Property passed to him (my grandfather0 after his father's death. I dont have detail in which year he got it.
My father has willed his entire share of ancestral property to my brothers.
Rame
(Querist) 15 December 2013
Respected Sir,
My father is no more. Died recently.
Guest
(Expert) 15 December 2013
Please read my very first answer.Serve the legal notice and file the suit for partition simultaneusly apply for encumberrance certificate for70years and apply for all the copy of documents available with registrar office.If your brothers are having any commercial intentions publish a newspaper advertisement also in the paper which would go to their knowledge Let not your husband involve in this let them be in good terms with your brothers AS EXPERT DEVJYUOTHI SAID NOW YOUR ACTION SHOULD START
Dr J C Vashista
(Expert) 16 December 2013
Very well advised by Sh. Narsimha ji.
I endorse and appreciate.
Engage a ocal lawyer
Anirudh
(Expert) 16 December 2013
Dear Rame,
The answer to your query, one by one.
First, I am damn sure now, based on the facts revealed by you, that the property in question is ancestral in nature in the hands of your father.
Being an 'ancestral property', and having not been partitioned (as per the facts revealed by you) till the death of your father (which was recently), the provisions of the Hindu Succession Amendment Act, 2005 will come into operation.
By virtue of the said amendment, you being the daughter is one of the coparcener entitled to equal share in the ancestral property.
As your father had died, leaving behind the ancestral property, the partition of the property will take place notionally on the date on which your father died. The property has to be divided equally amongst all the coparceners viz., your father, your brothers and you and other sisters if you have any.
Your father has willed his share in the property to your brothers. (He has every right to do so). Therefore, the portion falling to the share of your father in the above partition, will go to the brother(s) in whose favour father had left a WILL. You cannot claim any share in the same.
HOWEVER, as indicated above, as a co-parcener, you have a right to equal share in the partition.
If this is not being done by your brothers, then you have to file a case for partition.
Rame
(Querist) 17 December 2013
Respected Sirs,
Thank you for your valuable opinions, for which I will ever be grateful.
Whether partition suit is better or declaration suit is better. I want to go for the most economical option, in which court fee is minimum.
I am confused by the legal word 'in possession'. Though I stay in different City from where property is situated, I visit my place every few months' once. Does it mean I am 'out of possession' or 'in possession'.
I understand that this answer determines the court fee - whether valuation is on market value of property or minimum fees.
Anirudh
(Expert) 20 December 2013
No matter that you may visit the property, certainly you cannot claim that you are in possession of the property, unless you are living in it and holding possession - say lock and key for a room etc. in the said property.
In any case, these nitty gritty including the applicable court fee etc., has to be seen by your local lawyer and not we sitting at a far off place.
Anirudh
(Expert) 20 December 2013
You have to first ask for partition i.e. you have to file a suit for partition. That should not involve too much court fee. Once partition takes place, possession will follow automatically.
ajay sethi
(Expert) 20 December 2013
contact a local lawyer
R.V.RAO
(Expert) 07 February 2014
agree with sri Aniruth and other experts.
Guest
(Expert) 07 February 2014
Dear Author Rame Does the query still exists
Rame
(Querist) 07 February 2014
Respected Sirs,
Query still exists. Due to Son's education now, I will go to my place during holidays April and May.
I have obtained EC for 25 yrs. Aware 25 yrs is not sufficient. Will go there, and do all paperwork including engaging lawyer there.
Thank you all experts for your sharing rich knowledge.
Guest
(Expert) 07 February 2014
So atleast till may no need to drag this thread.
R.V.RAO
(Expert) 07 February 2014
all the best to the queriest
