Kamal Sharma (Manager) 05 April 2014

Ancestral property

Hello,

My Grandfather had 3 children.

2 boys (My father + Uncle) and one girl (my Bua).

In 1972 my father and uncle filed case in the court to claim their share of ancestral property from my Grandfather. Which was won and the property was transferred 50-50 among the two brothers via "Decree" with no share to the girl child (my bua).

Now, my father has 3 children.

2 Boys (my brothers) and 1 girl(myself).

I want my share of the property from my father but he refused to do so and via a "Release-deed" transferred all the property to my brothers 50-50.

1) So, Can I still claim my share of the property?

2) They mentioned that due to Decree in 1970 the "Status of the Property" has changed and hence it's no more the ancestral property and I have no share in the property at all. Is that so?

3) We are Hindu Jat family. And they are claiming that according to the Jat customs and regulations I cannot claim the property as the property remains with the male child. So, does any Jat Customs apply here in the court too ?

What can I do? Please help.

Thanks in Advance

Reply Follow

7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 April 2014

You also have a share in the ancestral property.The urgency to contain the growing trend of women demanding their share has grown after the Hindu Succession (Amendment) Act, 2005, was passed, which strengthened the rights of Hindu women to inherit property, giving them equal rights with men

Kamal Sharma (Manager) 05 April 2014

Thanks,

And what about

2) & 3) ?

Kumar Doab (FIN) 05 April 2014

2. Your father seems to be right. He can however give any share to you also by his sweet will.

If he does not leave any WILL in his lifetime, or does not give away the property say by Gift deed, sale deed etc………………………then after his death you shall have equal share in the property.

3. As already pointed out by Mr. Ramachary the Hindu Succession (Amendment) Act, 2005 grants equal right to daughters.

If the succession opens after 2005 any daughter shall have right.

Krishna (Professor) 06 April 2014

My wife and myself got married in 1987. Does she have a claim to her grandfather's self owned property,which is in Bangalore, after the recent demise of her father. She has only one brother.

Krishna

Kumar Doab (FIN) 06 April 2014

You have posted that:

“after the recent demise of her father”

This may imply after year 2005.

If the deceased were Hindu (grandfather, Father) and have not given away the property in their life time by say Gift deed etc and have not left any valid WILL then:

Both children (your wife and her brother) and wife of deceased father (your mother in law) being ClassI legal heir shall share equally from the share of father ( Your Father in Law)………………………

If your Mother in Law is not alive and has not given away her share in her life time by say Gift deed etc and have not left any valid WILL then:

Both children (your wife and her brother) being ClassI legal heir shall share equally from the estate of their mother (your mother in law).

It shall be however appropriate to approach a local lawyer handling such cases, show all record, give inputs in person, understand the merits and proceed further after you are convinced of the merits.

Satya nand aggarwal (Advocate) 08 April 2014

It is correct that due to decree the statue of ancestral property has been changed ,meaning thereby you cannot claim as a matter of right .

Krishna (Professor) 11 April 2014

I am Kartha of an HUF. I have two sons, both major. I now own quite a large house, remnant of once an extensive property. I do not wish to have this last property to be divided or sold after my death. Is there any way I can prevent this?

Krishna