Woman rights in grand father & grand mother property
c.m.harish
(Querist) 04 March 2012
This query is : Resolved
Dear legal experts
I am a married (female hindu) in the year 2003 having 2 childerns and my age is 33 years.I and my sister are only 2 daughters to my father and no sons .
My grand father( GF) & grand mother (GM)purchased properties in the 1940.After their death their childrens 2 sons & 5 daughters are divided all the proprties.
My father received 36 acres lands (GF :34 acres & GM :2 acers of lands),He has sold more than 30 sites with my & Sister signature.By force my father taken GPA and sold a sites .
Now my father wants to give all properties to my sister.
So i cancelled GPA & i have filed a partician suit asking for 1/3 share on Ancestor properties and my joint family properties.My father and sister made an objection in the court stating that it is not a ancestor properties are joint family properties to her.It is my self aquired properties received from my father after their death.Thier is no rights to her untill my life time.
sir Now i ask a following questions
1.inform us that i have right on above properties.
2.The above properties are Ancestor properties or joint family properties.
3.Give us suggestions to win the case.
4.They were making a sale agreements in notary lawyer even violating court injection order
Regards
Mala.j
Nadeem Qureshi
(Expert) 05 March 2012
Dear Mala J.
According to your query first of all it is not ancestral property, secondly when all the brother and sisters have been divided their share, you can only claim your share from your father's remaining property, you can file a partition suit against your father and sister, before filling this suit you should filed a case for permanent injection.
feel free to call
Guest
(Expert) 05 March 2012
Since the property has already been divided amongst the class-I legal heirs, the property no longer remains ancestral property for you. You cannot claim any part of property during the life of your father. He is free to transfer his property to any one.
V R SHROFF
(Expert) 05 March 2012
It is not a self acquired property of her father.
Why daughter should not get their share out of their grand father's intestate property??
Guest
(Expert) 05 March 2012
Dear Shroff ji,
According to Section 10 of the Hindu Succession Act, the property of an intestate shall be divided among the heirs in class I of the Schedule.
According to the Schedule, the following heirs fall within the ambit of Class-I heirs:
Son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, duaghter of a pre-deceased daughter, widow of a pre-deceased son, 1son of pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son, widow of a pre-deceased son of a pre-deceased son.
I would be obliged if you kindly like to enlighten me for my guidance, if something goes wrong in my previous answer in view of the aforesaid provisions of law or some other provision of law. That would surely enhance my knowledge.
Guest
(Expert) 05 March 2012
The author of the question may however try to convince and request her father politely to give some share out of the remaining property. I do not feel she can win by taking recourse of legal process. Rather, she is likely to offend more his father by taking her battle in the court of law.
prabhakar singh
(Expert) 12 March 2012
Before one jumps into to answer correctly you need to answer following questions...
1)When did your grand father died?
2)When did your grand mother died?
3)Were you and your sister born to your father during life time of your grand father?
4)The properties purchased by your grand father and grand mother are by a common sale deed or by separate sale deed???
5)your grand mother and grand father had equal share or different share in the properties?
6)When did the partition between sons and daughters of your grand father took place?
7)From which state you hail from?
c.m.harish
(Querist) 18 March 2012
Dear Prabhakar sing
1.Gf died on 1975
2.Gm died on 1978
3.after GF & GM Died
4.Seperate sale deed
5.different share in the properties
6.partition b/w sons 7 daug. in 1988
7.karnataka
c.m.harish
(Querist) 18 March 2012
Dear expert mr.D.s.Dhingara
sir i cant claim my share in both GF & GM properties.
Mala.j
