VenkataPeddiraju (Analyst) 19 January 2014

Ancestral property rights andhra pradesh

Query 1: My father was Apsrtc conductor and my mother is house office. During life time of my father we bought one house on my mother name with his earning. And later he also bought one flat on her name

later my father passed way in 1998 and as my mother absolute owner of the properties, She willed her properties on name in 2005 and later she passed away in year 2010

Now my two sisters are asking the share in above said two properties.

Query 2: MY recevied one acre land from my grand father and he bought two more acres of his own both are on my mothers name. After my mothers death I have transfered the two properities to my name.

Now my two sisters are asking the share in above said two properties.

I am hindu from andhraprades and i have spent huge amounts on all the properties for repairs and other requirement.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 19 January 2014

Parliament felt that non inclusion of daughters in the coparcenary property was causing discrimination to them and accordingly decided to bring in necessary changes in the law. Accordingly Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession (Amendment) Act, 2005 as follows:

The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from 09-09-2005. Thus on and from 09-09-2005 the daughter is entitled to a share in the ancestral property and is a coparcener as if she had been a son.

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Kumar Doab (FIN) 19 January 2014

Q1: She was the owner and she has given the property by her WILL .

She has chosen to not to give it to her daughters.

If the WILL was probated then matter is closed.

Q2: The 1 Acre land inherited from Grandfather to be divided equally between all legal heir.

The succession has opened in 2010.

2Acre land of the deceased mother: These properties should be equally divided between sons and daughters of the deceased.

VenkataPeddiraju (Analyst) 19 January 2014

Dear sir,

Could you please elobrate my rights, I have will from my mother from two houses and 2 Acre. One 1 acre is from my grand father

Thanks in advance

Kumar Doab (FIN) 19 January 2014

1. As per Hindu Succession Laws:

The property of a female Hindu dying without WILL shall be distributed:

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(Your mother has Left a WILL giving away two houses and 2 Acre registered in her name, to you in her WILL)-

If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters

The property has come to the deceased female Hindu from her husband and her sons and daughters are alive.

Your mother has Left a WILL giving away two houses and 2 Acre to you in her WILL and if it probated then this property has already come to you.

2. The succession has opened in 2010.

3. The 1 Acre land inherited from Grandfather to be divided between all legal heirs of the Grasdfather.

4. If WILL was not probated the daughters may decide to challenge it and finally court shall decide.

If the WILL is registered then court may...................................may....... give credence to a plea that a will has been duly executed and attested, if it has been registered.

WILL if requires probate in your state is of no effect unless probated.

If the WILL has already been probated then matter is closed for the daughters.

If the WILL does not stand in court then the property of your mother shall be divided equally amongst sons and daughters, as at 1.

You may show all docs in person to a lawyer specializing in such matters at your location and proceed under expert advice of your lawyer.

T. Kalaiselvan, Advocate (Advocate) 19 January 2014

The answer to Query 1: Though your father purchased the property out of his funds, he bought it on your mother's name hence she becomes an absolute owner of both the properties, therefore she has full rights to dispose them in the manner and to the person she desires so. Thus bequeathing her properties to you through a Will is absolutely valid and you can acquire the same and enjoy it without interference of anyone, but you must probate the will to acquire the properties. Your sisters do not have any right or entitled to any share in the said properties.

Your query No.2: If that one acre of land which your father inherited from your grandfather was a self acquired property of your grandfather and the same was settled/partitioned/transferred on your father's name by your grandfather, it becomes your father's own property having full rights to dispose it in the manner he desires it to be. Thus once transferred that one acre of land also n your mother's name, it subsequently belonged to your mother and she becomes the absolute owner of the property there by having full rights over it to dispose it in the manner she desires it to be. Now since you say that after the death of your mother you got the entire properties transferred to your name, how ?, did you acquire it through a Will be by her in your favor?, If your mother bequeathed this property of 3 acres also in your favor through a Will, then it becomes your own properties, your sisters cannot claim a share in the property legally, but if you want to allot any share to them you can do so out of affection towards them. Under the said situation your sisters do not have any coparcenery rights in the properties.