Property divided only among brothers and sisters deprived
Hema Neelakantan
(Querist) 21 April 2016
This query is : Resolved
Said ancestral property is in the state of Kerala in the name of my mother's father who died in 1943. Property consists of houses , gold n other stuff , full details of which are not available with us. My grandfather had 6 children, 3 sons and 3 daughters. Of which, only the sons have inherited the property giving nothing to the daughters. Nor was any share given to my grandmother. The entire property was divided amongst the 3 sons only quoting some law saying that since the state of Kerala was not formed at that time, there was no law which said that daughters should be given an equal share in the ancestral property.
My question is, a)whether this is correct
b) whether the daughters n their legal heirs are entitled to their share in the ancestral property.
c) in case the legal heirs of the daughter's are entitled to a share, what is the right way to go about it.
Sudhir Kumar, Advocate
(Expert) 22 April 2016
you cannot apply a law retrospectively which existed in 1956.
you cannot also rake up a case after more than half a century.
P. Venu
(Expert) 22 April 2016
Among the Hindu communities Kerala, daughters always had a share in property, if not a better share. However, each community used to follow its own norms.
Had a partition carried out? If so, the matter could be beyond limitation.
Rajendra K Goyal
(Expert) 22 April 2016
From the given facts your claim has negligible merit as the law came in existence in 1956 and the claim is old enough.
Kumar Doab
(Expert) 22 April 2016
This query is also posted at;
http://www.lawyersclubindia.com/forum/Property-divided-amongst-brothers-only-n-sisters-deprived-sh-136073.asp
You may take a cue from the advise of Expert Mr. Venu and show all docs on record and give inputs to a very able counsel specializing in family/revenue/property/civil matters and well versed with local customs and laws.
