cpc

Partition

This query is : Resolved 
 

Online (Querist)
02 December 2017

Dear sir,
we are 3 brothers and 2 sisters.
my father got 3 acres from his father by inheritance.
he died 30 years back.
recently 3 acres mutated into my mother's name.
presently my mother health is in bad condition.
i heard that if father died before sep 9 ,2005 , daughters will not get any share as per hindu succession act ,2005.
so please guide legal process before death of my mother.
and also suggest no of shares for partition.


Vijay Raj MahajanOnline (Expert)
02 December 2017

Daughters will definitely get their shares in the property of their father even if the father died before Sep. 9, 2005.
That rule is for ancestral property not self acquired or owned property. Property share your father owned after getting that share from his father became his own property it didn't remain the ancestral property.

Kumar Doab (Expert)
02 December 2017

Your query does not convey in clear terms that your father is alive or not.
If yes; succession has not opened.
If No; succession has opened.
Succession opens on date of death of owner.

From the language of query it is believed that you are all Hindu.

Kumar Doab (Expert)
02 December 2017


Before acting on your own on the basis of half hearted information get copy of mutation records with all link docs and show these to very able senior LOCAL counsel specializing in revenue/property/civil matters and confirm if the nature of the property in the hands of your grandfather was self acquired or ancestral……..and/or in the hands of your father and/or in your hands and/or in the hands of married daughter.

In case it is self acquired in the hands of Father (of married daughter as in query) she does have a share.
In case it is ancestral in the hands of Father (of married daughter as in query) she may have a share and you need to relate with date/month/year of death.

Kumar Doab (Expert)
02 December 2017

If Hindu male deceases without disposing his estate/property in his life time by a valid/registered deed and/or WILL then his ClassI legal heirs; Mother(if alive as on date of his death), Wife(if alive as on date of his death), sons, daughters have 1st right for equal share………….in his self acquired/ancestral property per facts of the matter…………..

The property in question is in which state?
If it is in UP (erstwhile undivided state of) married daughters do not have share in agricultural land per UPZALR Act.

You may go thru;
http://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp
and other illustrated threads at LCI..

krishnaOnline (Querist)
02 December 2017

it is ancestral in the hands of my father. my father died 30 years back.

krishnaOnline (Querist)
02 December 2017

my father is the only son of my grand father. he got total land not share.

krishnaOnline (Querist)
02 December 2017

it is ancestral property in the hands of my father,after mutation it is ancestral in the hands of my mother as per revenue records

P. Venu Online (Expert)
02 December 2017

The facts posted are insufficient to form any definite opinion whether the property is ancestral or otherwise. In either case, the sisters have a share because a mere mutation in the revenue records makes no difference as to the title of the property.
If the property had been ancestral, it still ancestral; the sisters definitely have a share once the property opened up for partition.
If the property had been self-acquired, the property had been jointly vested with all the legal heirs on the death of the father.

Kumar Doab (Expert)
02 December 2017

You are not posting clear response...to the points being raised.
In any case if the married daughter approaches court, the court shall do the justice with party whose share is justified.

Dr J C VashistaOnline (Expert)
03 December 2017

Your father has died 30 years back but mutation is being sanctioned in favour of your mother now? It is surprising, if your statement is true, which I do not believe.
Being ancestral property (land) it shall be succeeded in equal share of all LRs i.e., brother(s), sister(s) and mother.



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