Joint Family
Querist :
Anonymous
(Querist) 21 July 2011
This query is : Resolved
Dear Experts,
In the joint family father and son are partitioned the property in 6/6/2004 by registration deed in subregistar office. father is died in 2008. But they are not give property for daughter.Now the daughters wants to get share? They can approach the court what will the procedure(in this family two daughter and one son). They are from bangalore,karnataka
thanking u
Daksh
(Expert) 21 July 2011
Dear Anonymous,
Kindly clarify the status of the property - whether the same is self acquired or ancestral.
Best Regards
Daksh
Querist :
Anonymous
(Querist) 21 July 2011
Dear Sir,
The propertys are the ancestral.
R.Ramachandran
(Expert) 21 July 2011
Your simply saying that the property is "ancestral" will not make the property "ancestral".
Since you say that the property is "ancestral" it becomes clear that the property was not self-earned by your father, but your father received the property from his elders (father etc.)
Therefore, please indicate whether the property was self-earned by your grand father or not. Further, please indicate when did your grand father die?
Please indicate whether there are any brother(s) and sister(s) to your father and they also got any share from the property left behind by your grand father?
Indicate when did the daughters in your family got married?
Querist :
Anonymous
(Querist) 21 July 2011
Dear Sir,
1.Property is not slef earned by my grand father.
2.My father brothers already got the share.
3.My father have two sisters, they are not got any share in the property.
4.My grand father died in 1965.
5.My family daughter were married in 1990 and 1995.
R.Ramachandran
(Expert) 21 July 2011
OK from the facts revealed by you, the property no doubt turns out to be 'ancestral'.
According to Karnatka Act 23 of 1994, those daughters who were not married upto 30.7.1994 would be regarded as coparceners.
Since one of the daughters was married only in the year 1995 she would definitely be a coparcenary to the ancestral property.
Therefore, the partition effected by your father in the year 2004 excluding you from the partition is not valid and is therefore liable to be challenged.
Once you challenge the said partition, the court will strike it down. The property will get divided into 3 parts 1 share each for your father, your brother and you.
Since your father died intestate (without leaving any WILL) in the year 2008, his 1/3rd share will go equally by way of inheritance amongst all his legal heirs viz., his widow, son(s) and daughter(s).
Yes, you have to approach the Court seeking your share.
