cpc

Property issue

This query is : Resolved 
 

(Querist)
25 August 2015

Dear Sirs
I have a quiery . I will appreciate if the club members give their valuable opinion .
My meternal Grand father is Late H Sanna Somappa Died in March 1975
My Grand Mother is Late Gangamma Died in June 1997

They have 10 childrens
1.H S Hanumanthappa -Died in March 1985 at the age of 52 years –Married 1955
2. H S Parvathamma Alive – with 3 Childrens age 72 years as of 2015-Married 1956
3. H S Revanasiddappa Died in 2004 at the age of 62 years – 3 Childrens (1 Expired ) –Married in 1966
4. H S Nagarajappa Died in 1996 at the age of 51 years – 5 Childrens Married in 1966
5.H S Jayamma Died in 2012 at the age of 66 years -5 Childrens (1 expired ) Married in 1959
6 H S Heggappa Died in 2006 at the age of 59 years -5 Childrens Married in 1968
7. H S Sharadamma Died in 2009 at the age of 60 years -4 Childrens Married in 1966
8. H S Bharamakka Alive age 64 years -3 Childrens Married in 1966
9. H S Rathnamma Alive age 63 years -2 Childrens Married in 1970
10 H S Gangamalamma Alive age 61 years -4 Childrens Married in 1975

Late H Sanna Somappa had property as follows

1.56 Acres of Irrigated land in Hale Kunduvada Davanagere City Carporation . Which is worth of 56 Crores as of 2015 property value
2. Khana Koppalu in Hale Kunduvada Davanagere City Carporation . Which is worth of one Crores as of 2015 property value
3. Houses in Hale Kunduvada Davanagere City Carporation . Which is worth of 50 lakhs as of 2015 property value

The above three properties are distributed only among 4 male childrens 1,3,4 and 6 in 1980 ignoring the female childrens

The legal heirs of 1,3,4 and 6 sold few properties

The quiery is
Is there any chance of getting shares for 2,5,7,8,9 and 10 Daughters of Late sanna Somappa (The alive and the legal heirs of deceased)

If so could you please advise how to approach

Awaiting the response from the member friends


Dr Suresha
s/o Late H S Sharadamma .(7th legal heir of Late Sanna Somappa)


Kumar Doab (Expert)
25 August 2015

Grandfather died in March 1975. Thus the succession opened in 1975.


Grandmother died after Grandfather. She has a share in her husbands property and that should become her individual property.


So the property shall reduce by the share of wife (Grandmother) and your mother should positively have a share from share of her mother (your Maternal Grandmother). You should thus have a share from your mother’s share.



In your case rights of the daughters is to be considered as on March 1975, the date of death of the father, when the succession has opened.



Daughters had a right in the father's share along with mother and brothers after the Hindu Succession Act, 1956. Such right can be enforced on their demand for partition or on the occasion of partition. You have not indicated if the property was partitioned? The partition contemplated is actual partition by execution of deed of partition or partition effected by a decree of court. You have mentioned about alienation of the property!!!



The right of daughters got enlarged, if they were unmarried under the State amendment which recognized the right of unmarried daughters in Karnataka with effect from July 30, 1994. Your mother was married in 1966.


Your mother was married in March 1975, when the succession opened.



You may seek opinion of a senior lawyer specializing in family/property/revenue/civil matters and well versed with state laws.

DR SURESHA G (Querist)
26 August 2015

Dear Sirs
I have a quiery . I will appreciate if the club members give their valuable opinion .
My meternal Grand father is Late H Sanna Somappa Died in March 1975
My Grand Mother is Late Gangamma Died in June 1997

They have 10 childrens
1.H S Hanumanthappa -Died in March 1985 at the age of 52 years -Married 1955
2. H S Parvathamma Alive - with 3 Childrens age 72 years as of 2015-Married 1956
3. H S Revanasiddappa Died in 2004 at the age of 62 years - 3 Childrens (1 Expired ) -Married in 1966
4. H S Nagarajappa Died in 1996 at the age of 51 years - 5 Childrens Married in 1966
5.H S Jayamma Died in 2012 at the age of 66 years -5 Childrens (1 expired ) Married in 1959
6 H S Heggappa Died in 2006 at the age of 59 years -5 Childrens Married in 1968
7. H S Sharadamma Died in 2009 at the age of 60 years -4 Childrens Married in 1966
8. H S Bharamakka Alive age 64 years -3 Childrens Married in 1966
9. H S Rathnamma Alive age 63 years -2 Childrens Married in 1970
10 H S Gangamalamma Alive age 61 years -4 Childrens Married in 1975

Late H Sanna Somappa had property as follows

1.56 Acres of Irrigated land in Hale Kunduvada Davanagere City Carporation . Which is worth of 56 Crores as of 2015 property value
2. Khana Koppalu in Hale Kunduvada Davanagere City Carporation . Which is worth of one Crores as of 2015 property value
3. Houses in Hale Kunduvada Davanagere City Carporation . Which is worth of 50 lakhs as of 2015 property value

The above three properties are distributed only among 4 male childrens 1,3,4 and 6 in 1980 ignoring the female childrens

The legal heirs of 1,3,4 and 6 sold few properties

The quiery is
Is there any chance of getting shares for 2,5,7,8,9 and 10 Daughters of Late sanna Somappa (The alive and the legal heirs of deceased)

If so could you please advise how to approach

Awaiting the response from the member friends


Dr Suresha
s/o Late H S Sharadamma .(7th legal heir of Late Sanna Somappa)

Anirudh (Expert)
26 August 2015

It is not clear why you are repeating the query.

But, you have to indicate as to how H Sanna Somappa got the properties?

(i) Whether he himself purchased it? or

(ii) He got it from his father/grand father?

(iii) If he got it from his father/grand father, in which year he got it from them?

The above information is key to answer your question.

DR SURESHA G (Querist)
26 August 2015

It is not clear why you are repeating the query.
BY MISTAKE

But, you have to indicate as to how H Sanna Somappa got the properties?

(i) Whether he himself purchased it? or
ANCESTRAL

(ii) He got it from his father/grand father?

FATHER /GRAND FATHER -SOME PART HE PURCHASED HIM SELF

(iii) If he got it from his father/grand father, in which year he got it from them?
IN 1945

The above information is key to answer your question.

Anirudh (Expert)
27 August 2015

1. It is not clear whether the property Mr. Sanna Somappa himself acquired was from out of the income arising from his Ancestral Property. If that be so, then that will also take the character of Joint family property to be shared amongst co-parceners.

2. Thus, assuming that the entire property was Ancestral, then upon the death of Mr. Sanna Somappa, a notional partition would get effected in terms of Section 6 of the Hindu Succession act, 1956.

3. According to this Rule, as Mr. Sanna Somappa had left behind female Class-I heirs (i.e. his widow and daughters), the property has to be partitioned equally amongst the male co-parcenars (his Sanna Somappa and his sons).

4. The property which falls to the share of Mr. Sanna Somappa has to be inherited equally by all his Class-I legal heirs viz., his wife, sons and daughters.

5. Upon the death of his wife Gangamma in 1997, her share should go equally by way of inheritance to all her sons and daughters.

6. Those who have not got their shares as stated above, can file a suit for partition and demand their respective shares. But, 35 years have passed. You will have tough time in convincing the court. But a lawyer well versed in property law would be in a position to convince the court to entertain the suit.

Advocate Ravinder (Expert)
27 August 2015

The legal position in AP/Telangana is that if the Hindu male dies intestate (without writing will) the property devolves upon all the sons and daughters irrespective of marriage of the daughters. It is a new law retrospective in nature. By the time the above law is made, if already registered partition is made between the children, to that extent it is exempted. If regd partition is not made, all the children are entitled for equal shares.

In your case, on the death of Sanna Somappa the property devolved upon the sons, daughters and wife equally i.e. 1/11 share to each member. After the death of grand mother gangamma, her property will be devolved to her sons and daughters equally i.e. 1/11 th share should be divided by 10 members equally.



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