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Kumar_JrLawyer (Jr.Lawyer)     29 November 2013

Daughter's right in ancestral & self-acquired property

Dear Sr.Lawyers,

Case Details: Mr.Sharma acquired ancestral property in village and purchased plots in the city during 1950's. Mr. Sharma is survived by wife, 3 daughters and 2 sons. Mr. Sharma performed 2 daughters and 1 sons marriage. In 1970 performed elders daughters marriage, in 1976 performed elder son marriage and in 1981 performed second daughters marriage. 

In 1986, Mr. Sharma expired without leaving any will. Later, elder son performed younger sisters marriage with the help of other family members in 1989. Elder daughter-in-law of Mr. Sharma started ill treating mother-in-law I.e Mr. Sharma's wife right in front of elder son. Since 2000, both the sons of Mr. Sharma started selling lands in village and eventually transferred properties into their name without informing their mother. In 2005, both sons expelled out their mother from house and since then she is leaving with daughters. Now daughters are willing to file a suite for their share in the property and fight for their mothers share in property.

I would like to know, is there any stringent law to stop the selling of the land immediately and attaching the property. So that wife and daughters of Mr. Sharma get justice.

Thanks

Kumar



Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 November 2013

it is advisable to file a case in a court of law and get injunction order from stopping registration.  

Kumar Doab (FIN)     29 November 2013

 

Mr. Kavksatyanarayana has given valuable advice. Kindly follow it.

 

 

 

The wife, 3 daughters and 2 sons of the deceased are ClassI legal heir and have equal rights in the ancestral and self acquired property.

 

They shall get 1/6th share in self acquired property and other wealth of the deceased.

 

They shall get equal share along with other legal heir in ancestral property.

 

They should also prepare before the Sub Registrar and plead not to register the property and sound the revenue officials including Patwari also.

 

If the wife of the deceased is Senior Citizen then :

Protection under Indian Law

·                     Indian Constitution: Art 41- Right to work, education, public assistance in certain cases. Art-46- Promotion of educational and economic interests.

·                     The Code Of Criminal Procedure: Sec 125 provides the provision to the maintenance of the parents by their children, no matter to which religion or community they belong to.

·                     Provisions Laid By The Government:

o                                National Council For Older Person called Agewell Foundation by Ministry Of Justice And Empowerment.

o                                Setting up round the clock helpline. ( Approach SP of the area) and request the SP to stop ill treatment and to protect the dignity and wealth of widow and prevent ill treatment.

Department of Welfare of Disabled and Senior Citizens has started helplines to provide Helpline at Police Commissioner's office to be available on all days

Services include giving support to elders who are abused, exploited and deserted

o                                 

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

o                                “An act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereof”.

 

 

Under DV Act complaint can file before protection Officer .Senior Citizen Act also there to protect the seniors.

 

The old Couple should approach the Collector / Competent Authority under Senior Citizens protection Act and he will call the sons and take necessary action for their protection

 

Ask your client to register police complaint at the local P.S and in case of non-action meet with the S.P. of the district, even if no action is taken move High Court under Writ jurisdiction. The Police shall take action. A new act ie. Maintenance & welfare of parents and senior citizens is passed in 2010. Your client can initiate proceeding in appropriate tribunal made under the act

 

 

 

 

 

Kumar_JrLawyer (Jr.Lawyer)     30 November 2013

Thank you sir for the valuable advise. Secondly, Mr. Sharma's widow and daughters are not in a position to pay the court fees for their ancestral property which is holding market value of at least 8 - 10 Crore. As the widow of Mr. Sharma is a pensioner and daughters cannot afford to pay the court fees upfront but they are willing to pay from their share once the court decides on their claim of equal share. Both the sons are taking this as an opportunity and enjoying the property as they cannot afford the court fee to file a case against them to claim their share in property.

Can the court consider their request and accept the case to be filed with a nominal fee of Rs. 50000. 

T. Kalaiselvan, Advocate (Advocate)     01 December 2013

I think Mr Kumar Daob has not opined correct provisions of law with regards to the share of girls/daughters in the ancestral property.  The girls were married before the latest amendment came into force in the year 2005 hence they are not entitled to share in the ancestral property but all the females of the family are entitled to a share equally as male members in heir father's share in the ancestral property, besides all the legal heirs of deceased sharma are entitled to their legitimate share out of the intestate properties purchased by sharma during his life time and were not disposed off during his life time either by Will or settlement or sale,

1 Like

Kumar Doab (FIN)     01 December 2013

The error is regretted.

 

The lady does not seem to be indigent.

 

The nominal fee is probably for Supreme Court.

 

The Court Fee Amendments in the state may be looked into.

 

 

On court fee valuable advice of learned experts/members is sought.

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