Inheritance property rights of a woman in maharashtra
Siddhi
(Querist) 03 February 2014
This query is : Resolved
dear sir,
I am 45 year old woman, married and have 2 kids. I am jain by religion, born and staying in maharastra state.
I have 2 brothers and one sister
my father was adopted son.
my grandfather died of sudden death when my father was 18-19 years old
he left a farm and house behind.
I am not sure of any will if he had made.
My grand mother was alive that time and died of cancer in year 87-88
brothers have started consturction on the farm.
can this be a inheritance proeprty?
do I have any right in this property?
I am not sure of any will of my grand father but have heard that if the grandfather died , property goes in the name of my grand mother and if she has doen the will in the favour of my father then he has sole right to give the property to whom ever he wants.
My fatehr has done the dividation and he has not given us sisters anything.
borhters have started construction on the property and 1/4 property has already sold.
do I have any right in this property.
pls advise.
ajay sethi
(Expert) 03 February 2014
. on your grand parents death property would be inherited by all legal heirs as grand parents did not leave any will .
since your father was only adopted son on his death all 4 children will have 1/4th share in the property . you can file suit for partition to claim your share in the property .
however if your father had during his lifetime divided property among his sons by deed of settlement you may not have a case . it is necessary to go through documents executed by your father to advise .
Rajendra K Goyal
(Expert) 03 February 2014
Well advised, agree with the expert ajay sethi ji.
T. Kalaiselvan, Advocate
(Expert) 05 February 2014
You cannot claim any right or share in the property if it was not an ancestral property.
Siddhi
(Querist) 18 February 2014
The property is ancestral.
it must have been under my grandfather's name. My grandmother was still alive when he died.
does all the property of my grandfather goes automatically to my grand mother after he died?
If it does, then is there a possibility that my father must have made a will of my grandmother to give all the property on name.
if thats the case then what are my rights?
Anirudh
(Expert) 18 February 2014
Dear Siddhi,
In the minimum given facts, it appears Mr. Ajay Sethi is quite right in his answer.
But you are repeatedly asserting that the property is 'ancestral'. Are you saying so, because the property originally belonged to your grand father? If that is the only ground on which you say that the property is 'ancestral' that may not be correct.
You have to indicate in which year did your grandfather acquired the property.
Whether your grand father purchased the property himself or he got it from his father.
In which year your grandfather died?
In which year your father did the Division?
The above minimum information is required to give an appropriate answer to your query.
Siddhi
(Querist) 18 February 2014
yes you are right Sir.
It will be helpful if you can explain me what is ancetral property?
I think I am having a confusion in that.
prabhakar singh
(Expert) 18 February 2014
"The property is ancestral.it must have been under my grandfather's name." IS WHAT YOU HAVE STATED WHICH IS SIMPLY A SURMISE.ON THE BASIS OF THIS MUCH OF THE FACTS LAW DOES NOT RAISE PRESUMPTION YOU ARE INCLINED FOR!
HOWEVER, EVEN IF IT WAS A PROPERTY SELF ACQUIRED BY YOUR GRANDFATHER WHO DIED INTESTATE(WITHOUT ANY WILL)THEN ACCORDING TO HINDU SUCCESSION LAW IT DEVOLVED UPON YOUR GRAND MOTHER AND FATHER EQUALLY HALF AND HALF.AS YOUR GRAND MOTHER IS ALSO DEAD(IF INTESTATE)AND YOUR FATHER SURVIVED HER THEN HE GOT ALL.
BUT 1/2 FROM HIS(YOUR FATHER) MOTHER (I MEAN FROM YOUR GRAND MOTHER)SHALL BE TREATED AS HIS EXCLUSIVE
BECAUSE OF ITS' NATURE THAT YOUR GRAND MOTHER WAS IT'S ABSOLUTE OWNER.
IN THE CIRCUMSTANCES IF YOUR FATHER IS ALIVE AND YOU ALL WERE BORN TO HIM IN LIFE TIME OF YOUR FATHER IN HIS 1/2 THERE WOULD BE 5 SHARES,1/10 BELONGING TO YOUR FATHER AND 1/10 TO EACH OF YOU 4(2 BROTHERS 2 SISTERS YOU TOLD).
AND WHEN YOUR FATHER DIES INTESTATE EACH OF YOU SHALL GET 1/4 SHARE IN THE ENTIRE PROPERTY OF YOUR GRAND FATHER IRRESPECTIVE OF CONSIDERATION OF ANY ANCESTRAL COPARCENERY .
UNDERSTAND THINGS ACCORDINGLY.
Anirudh
(Expert) 18 February 2014
Dear Siddhi,
If you want clarification, please give answer to the questions raised by me.
Siddhi
(Querist) 18 February 2014
My great grandfather purchased 2 properties
my grandfather had purchased 3 properties.
my father purchased only one property.
None of the properties are sold except one land they have started construction on.
My grand father died in 1962
My father did the division in 2010
Siddhi
(Querist) 18 February 2014
I will need to see the papers to give the dates when they re purchased.will get back to you on that.
prabhakar singh
(Expert) 18 February 2014
ONE MUST COME WITH ALL FACTS SO THAT OUR TIME IS NOT RUINED IN SPECULATION.
Siddhi
(Querist) 19 February 2014
Many Thanks for your replies. I appriciate your time.
ajay sethi
(Expert) 19 February 2014
thanks for your appreciation
Siddhi
(Querist) 24 February 2014
Over the wkend I was reading regarding
- Ancestral property,
- Inheritance property
- self acquired property.
Though daughters have right of equal share in Ancestral and inheritance properties why the parents are still ignoring this?
I would like to know if anyone of you have come accross such cases and know any sucess stories in this matter?
How much time the court took to resolve the issues once they have got the papers?
I understand that I will have to fight for my right or I will not get a single paisa but its really important to know if our legal system is accepting the change.
really feeling bad to see that the daughters are kept completely unaware of these facts.
It seems Laws are made to break.
Anirudh
(Expert) 24 February 2014
Dear Siddhi,
You said: "I will need to see the papers to give the dates when they re purchased.will get back to you on that."
You are yet to get back on that.
