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Pooja (Na)     16 July 2013

Ancestral property

Hi,

I am a lady born in 1953. My father passed away a few years back.Since then my brother has acquired our ancestral property(50 acres of agricultural land and a house in Nemawar M.P).On demanding my share in it , he refuses to talk about it with me.

I would like to know the following things:

1.Do I have a right in the ancestral property? What are the merits of my case?

2.If yes, how should I go about it and pursue further?

3.Are there any good property dispute lawyers in Dewas/Indore who can fight the case by agreeing on a %basis settlement post the verdict on the case. If yes, can I get their contact information.

4.Any Mahila Sanstha in Dewas who would be willing to take up my issue on moral grounds?

Thanks much,

Pooja



Learning

 13 Replies


(Guest)

1. Yes, you have right of a share in the ancestral property equal to that of your brother.

 

2. You can file suit for partition of the ancestral property.

 

3. Yes! I am practising in INDORE (M. P.) and can fight such cases very well but I will charge fee at the time of institution of the suit.

And sincerely I tell you, that no lawyer will agree to work on post-verdict basis.

Because lawyers do not charge fee depending on the result of the case, fee is charged for fighting case on client's behalf.

Like Doctors do charge fee for surgery but their fee never depends on result of the surgery i.e. survival of the patient.

Although be assured,  all lawyers also fight cases for winning, for the sake of their own career.

But fighting a case in Court consumes a lot of time and money, that's why a lawyer's fee does not depend on result of the case.

 

4. No Mahila Sanstha can be involved in this matter, this is a matter of a Legal Right not of a Constitutional Right.

 

Advocate Sandeep Naik

Indore (M. P.)

1 Like

Pooja (Na)     16 July 2013

Thank you for the reply!

I have noted your email id. I shall get in touch with you.

Regards

neeraj (n/a)     16 July 2013

Hi sir,  my grand father made a registered will on name of his 3 sons and one grandson(me)as my father is expired before the will is executed  .She has 2 daughter but he mentioned in his will that i had given to them what i want and she both have no right in this property,  now three sons are going for relinquishment deed and not involving me can it be possible ? also plz let me know in case of registered will can 2 daughters of my grandfather can release their share to the three sons without involving me legally.

plz reply at the eARLIEST

Pooja (Na)     17 July 2013

Hi,

Regarding the case that I have mentioned. I see a few articles online quote as:

 

1."In a landmark judgment on Friday, the high court has ordered that 

married women born after 1956 will be entitled to an equal right of inheritance of ancestral property from parents." - DNA Banglore


2."(a) by birth become a coparcener in her own right the same manner as the son ;"- Reference link-https://www.lawteacher.net/finance-law/essays/daughters-get-equal-share.php

 

Since I am born in 1953. I would like to know if my equal right in the ancestral property holds true???.

Also would like to know if there are any other conditions like the date of my marriage etc which affect my right in the ancestral property?

Thanks much.


(Guest)

@ Pooja Ji,


There is misconception among general public regarding the rights of married daughters in ancestral property of parents.


According to present law after amendment of 2005, date of birth of a married daughter doesn't affect her rights in ancestral property.


Section 6 (3) of The Hindu Succession Act, 1956 provides; where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by Mitakshara law, shall be devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,-

(a) the daughter is allotted the same share as is allotted to a son;


So if your father was passed away intestate after the year 2005, then the new amendment of 2005 will be applicable in case of partition of your father's property.

After the amendment of 2005, daughters irrespective of when they are born, are allotted equal share to that of their brother.

1 Like

(Guest)

"Hi sir,  my grand father made a registered will on name of his 3 sons and one grandson(me)as my father is expired before the will is executed  .She has 2 daughter but he mentioned in his will that i had given to them what i want and she both have no right in this property,  now three sons are going for relinquishment deed and not involving me can it be possible ? also plz let me know in case of registered will can 2 daughters of my grandfather can release their share to the three sons without involving me legally.

plz reply at the eARLIEST"

 

 

@ Neeraj Ji,

If your grandfather had clearly mentioned in his will to whom his property shall be transferred after his death, then the property can be transferred only according to the will.

If any Relinquishment Deed is to be executed in favour of any heir, before the execution of the will, then the consents of all beneficiaries to the will, shall be taken for any such relinquishment deed.

Will need not be registered, registration of wills is optional.

A will, clearly mentioning intention of the person making the will and bearing his/her signatures with signatures of atleast two witnesses, such will written down on a simple paper is also perfectly valid in the eyes of Law.

neeraj (n/a)     17 July 2013

sir thanks for reply

Also let me know that as per my above query can my grandfathers 2 daughters relinqish her share to 3 sons only with involving me (grandson) whose name is mentioned in will.

and if they want to do disclaimer deed instead of relinquishment deed than it works ,what is the difference between relinquishment deed and disclaimer deed?

Thanks

Pooja (Na)     18 July 2013

Hello Mr Sandeep,

Father's Death Date is July 2005 and the law I believe was passed in September 2005.

Does your reply mean that the 2005 Amendment would not be applicable in my case?


(Guest)

When your father was alive, was the property a coparcenary proeprty (property of a Joint Hindu family governed by the Mitaksahra law)?

If yes, then amendment of 2005 will not be applicable in your case, as the amendment came into force with effect from 09-09-2005.

So please first make sure that, when your father was alive, whether he was the single person to own the title deeds or not?


But if the property was just an Ancestral Property and your father was the only person to own the property, then in your case, Section 8 and 10 will be applicable, which means that you will get equal share to that of your brother.

1 Like

Pooja (Na)     18 July 2013

My Grandfather had passed on the property to my Father who was the only son.

He was the only person owning the property when he was alive.

Can you explain me about co-parcenary property? 


(Guest)
Originally posted by : neeraj

sir thanks for reply

Also let me know that as per my above query can my grandfathers 2 daughters relinqish her share to 3 sons only with involving me (grandson) whose name is mentioned in will.

and if they want to do disclaimer deed instead of relinquishment deed than it works ,what is the difference between relinquishment deed and disclaimer deed?

Thanks

Neeraj Ji,


Two daughters of your grandfather need not execute any Relinquishment Deed, because they were not beneficiaries to the will. They are already excluded from the will.

 

If beneficiaries to the will wish relinquish the property in favour of any non-beneficiary, then they can either do so with the consent of other beneficiaries or can relinquish their respective shares only!

1 Like

(Guest)
Originally posted by : Pooja

My Grandfather had passed on the property to my Father who was the only son.

He was the only person owning the property when he was alive.

Can you explain me about co-parcenary property? 

Pooja Ji,

 

You need not bother about undertanding Coparcenary Property.

Anyway, if might have been a Coparcenary Property if was jointly owned by legal heirs of your grandfather with your father.

If he was the only person to own the property and had never made any will, then you do have the right to equal share to that of your brother.

1 Like

Muruganshekar (Officer)     29 July 2013

Respected Sir,

Could you pls help on my issue as well, my grand father had a house which we got from government of karnataka, now his son(my father) with family living their whether the house will be shared to his sisters and brothers ?? because it is actualy got from government of KA not from his(grand father's) hard work.

thanks in advance sir!!

 

regards,

Murugan


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