right on ancestral property of my sister
jayantha
(Querist) 03 October 2016
This query is : Resolved
We hindhu,my father got property in 1968 by registerd partition deed,all properties are ancestral,my father passed away in year 1990,after that propeeties mutated in name of my mother,my doubt is,
1)does my sister have right on this property?
2)does she able to file suit to get her partition?
jayantha
(Querist) 03 October 2016
I am ready to give some property for my sister,but not equal share,my doubt is
1)does she challenge for equal share?
jayantha
(Querist) 03 October 2016
If she file a suit against me,i am male,does she have right legally to get half of share?
kavksatyanarayana
(Expert) 03 October 2016
all legal heirs have equal rights over the property of your father if he did not make any will. so amicably discuss with your sister that you are going to give some thing to her. if she does not agree you should give equally share with other legal heirs if any.
Guest
(Expert) 03 October 2016
I interpret your case as
1) There was ancestor immovable property.
2) It was partitioned and some immovable property came to your father hand in year 1968
3) Your father died in year 1990
4) After your father death you did mutation entry on record (Statement indicates it is land record)
5) Entry of only mother was done ,neither you nor sister . (Here irregularities took place because
A) As per your query father did not do will B) So intestate succession applies as per Hindu Succession Act
C) All Class 1 heir that is Widow , son and daughter should be made owner in record you only did mother , all should have equal rights on property.
D) Now on land record since you have taken only mother name here there is irregularities.
6) If it is land record then from 1990 to 2016 it is 26 years . So 26 years duration has taken place
7) Now we require to analysis what other records are in your name and sisters name on property which include every thing. That you need to check.
8) Since your mother is shown on record as only successor then there is interpretation issue that women when inherits property under Hindu Succession Act , it is her absolute property unless other wise stated due to some other reason.
9) Now in my opinion prima facie neither you are owner nor your sister owner. Nor either of you or sister can knock civil Court door because it is Mother who is absolute owner of property.
10) Additionally 20-25 years have passed from the time entry is done so Doors of Civil Court too are practically closed for both of you due to provision of Limitation Act.
11) Suit can not be filled after specific time in Civil Court after specific years.
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Now conclusion is
1) Your mother is Owner on record and she is absolute owner and due to passing of more than 20-25 years neither you can claim anything nor your sister. It is your mothers property.
2) Now only mother can decide what can be done about property legally. When she is alive or after her death how to distribute it.
3) No one has any right due to complexity.
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Legally and morally you both brother and sister seat with mother and talk and mother decision will be final in this case and do necessary paper work .
Make your sister , youself , sister children (+18) , your children (+18) witness in legal document you make and get it registered .
This is only correct solution
Guest
(Expert) 03 October 2016
http://www.lawyersclubindia.com/experts/womens-right-on-ancestral-property-618771.asp
You posted question in different fashion , I doubt you want to give Question paper to us by asking question in different way.
Ms.Usha Kapoor
(Expert) 04 October 2016
since YOUR FATHER DIED INTESTATE ALL OF YOU WOULD GET EQUAL SHARE IN THE PROPERTY. your sister may ASK For PARTITION AND SEPARATE POSSESSION OF THEIR SHARE.Since the property is in your mother's name-she alone has the right to decide what to give and to whom and according to her wish dispose of the property.
Ms.Usha Kapoor
(Expert) 04 October 2016
since YOUR FATHER DIED INTESTATE ALL OF YOU WOULD GET EQUAL SHARE IN THE PROPERTY. your sister may ASK For PARTITION AND SEPARATE POSSESSION OF THEIR SHARE.Since the property is in your mother's name-she alone has the right to decide what to give and to whom and according to her wish dispose of the property.
Kumar Doab
(Expert) 04 October 2016
The query is repeated.
However apparently in this query: It is does own sister of author has a share?
In other thread the question is: did father's sister had a share?
Thus children of sister have a share?
Do you have two different queries and that is why you posted in two different threads?
Is it a real life situation for you?
Kumar Doab
(Expert) 04 October 2016
You have confirmed that you are Hindu.
After partition (registered deed) the nature of property has changed to self acquired, in the hands of your father.
You have not confirmed on the strength of which document the property whose title was in the name of your father, was mutated in the name of your mother?
What was the age of all sons and daughters at the time of mutation of property?
P. Venu
(Expert) 04 October 2016
Once the partition deed is executed, the property no longer ancestral. AS the father had expired intestate, the property devolves upon all the legal heirs. Anyone of them can file a uit for partition.
