Minor Age of 14 Demand Partition on the Father's Properties
Anandan Rajamanicam
(Querist) 06 August 2011
This query is : Resolved
Please Help me to Understand
My Father died intestate ( year 1970 ) : without WILL ., On Succession All the Property Transferred to My Mother's Name,
My mother have 5 daughter's all married before 1989, and Myself got married year 1995, I have my only Daughter Age 14 years,
Now My Daughter (behalf my Wife) Filed the Partition Suit in the District Court for 50% share..?
Is it Valid ? Maintainable in the Court ?
My wife left home ( 4 years before ) and she take my daughter also with her and staying her parents house, and myself staying with my mother,
Properties on my Mother Name is it Considered as Self owned Properties & / Improvement done & safe guarded, Last 40 years. & she have absolute rights on the properties.?
I got Gift Settlement Deed from My mother & then I got Release Deed with consideration ( Paying some amount )from my all 5 Sisters,
So Legal advice needed.
My Daughter can demand 50% or only 1/14 part from me..?
What ever I got from My mother and My sisters considered my Self Owned Properties ?, If yes, What is the share my daughter can demand.
Pl. give with your views..Thanks, Anandan
jatin sharma
(Expert) 06 August 2011
hi,if your father property was transferred on the name of your mother before your marriage than she have no right to claim.
Anandan Rajamanicam
(Querist) 06 August 2011
Dear Jathin Sharma,
Yes, My Father Property Transferred on the Name of my Mother before My marriage,
But day by day I am getting confused.. After 2005 Amendment act gives more power's to Girls.. My In-laws give Advertisement in the Local News paper saying that My daughter have 50% on my properties, No one can BUY or SALE.. like that, Now I am totally struck with this kind of harassment. If this case can go next 4 years..then I can't SALE.. ?
Please give your views..
R.Ramachandran
(Expert) 06 August 2011
Dear Mr. Anandan,
You need not get confused.
The property which you got in GIFT from your mother is your personal property. During your life time (i.e. when you are alive) nobody can claim any share from the said property which is in your name. You can do whatever that you like with the said property.
The 2005 year Amemdment is in respect of "Ancestral Property" and not with regard to personal property.
In your case, the property is not an Ancestral property and therefore the 2005 Amendment Act will have no effect. As already stated, nobody, including your daughter cannot make any claim in the property.
Anandan Rajamanicam
(Querist) 06 August 2011
Dear Ramachandra,
My Grand Father brought this Land Properties from His Brothers by the way of settlement DEED,after that My father died Year 1970, then after The Properties got transferred to My Mother around year 1972, My mother struggle lot and made lot of impoverishment on the properties,
Year 2010 she give Gift Settlement DEED all the Properties to my name, then after I transfer the same on my name, One of the Lawyer told me to get Release DEED from all my Sisters with some Consideration,I paid each Rs. 2 Lacks but I mentioned on the Release Deed only Rs.50,000, ( It seems this is necessarily to get Release from Sisters as per Hindu Succession ACT 1990 of TN Govt. amendment Act. ), My wife await for this all actions then now she file the Partition Suit on the District Court.. asking for 50% Rights on my properties, Can Contest this case as Non Maintainability and Request for dismiss this CASE. Thanks Pl. give your Contact nos..I wish to discuss on this to get guidance.
Shastri J.K.
(Expert) 06 August 2011
your daughter cannot make any claim in the property.she can claim mantenance only from you.
M/s. Y-not legal services
(Expert) 06 August 2011
yes your daughter can not claim 1%also .. since your mother gifted the property its your self property.. you can make any arrangement over the the property. your daughter don't have any shares..
Anandan Rajamanicam
(Querist) 06 August 2011
Thanks for your guidance : But Can I say that My 5 sisters all married before 1989 don't have any rights ?, If yes I spend money for getting the Release Deed with consideration No use..,?, On safer side I got the Release DEED from Sisters with Consideration is equal to Sale DEED, & then It is Considered as My personal Properties..? Thanks..
M/s. Y-not legal services
(Expert) 06 August 2011
as per your earlier statement your all sisters executed a release deed in favour of you.. thats enough to claim your title sir..
Anandan Rajamanicam
(Querist) 09 August 2011
Thanks for your support, Expert can tell me How fast can Close this case, What I suppose to Do to speed up the Trail?, Partition Suit filed to give troubles and put me in great difficult, Not to Sale my properties. : what is best way to move forward..
Kumar Doab
(Expert) 25 August 2018
The wife and daughter can claim maintenance, expenses for marriage of daughter and claim that husband/father has means and resources to pay.
That seems to be the purpose and intent which you may understand from your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Family/Civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , by showing all docs for a considered opinion.
Your very able counsel is to help and guide you to defend your interest.
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL Family/Civil courts, HC, SC……
