(Guest)

Father self earned property

My father died in 1992. He is survived by me (son) and three sisters. He did not sign a willl.

Prior to that he had bought a land in Ranchi in a cooperative housing society in 1984 through his own earnings.. When I asked the housing society to transfer the land to my name, it asked me to get papers signed from my sisters. My sisters have refused to sign papers giving up their rights.

Does the Hindu Law of Successoin amended in 2005 September apply in this case? Since I am the sole male heir, do I get sole right over the property? OR are we equal claimants to my father's property.

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8 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 11 December 2015

Sir, If that was a self acquired property you all have the right to it .... Warm Regards Kapil Chandna Advocate 9899011459

slakshmanrao (accounts officer) 12 December 2015

Basically the property rights can be enjoyed only by the< Spouse>,for life,provided the property is represented by self earned status.signature by other members have very little strength,for want of consent from mother of remaining claimants...

(Guest)

Thanks to all of you Sir for giving me this advice.

Just one clarification more.

My mother also expired in 1995. Both my sisters were married before 2005 May.

Thus, does this make me the sole claimant?

(Guest)

Dear TGK Reddy Sir,

One of my three sisters has been living with my uncle for nearly 25 years, as he did not have any child, so we generally talk like that. Sorry for creating confusion. I meant three sisters.

Anand Bali Adv. (Advocate Solicitor & Consultant) 12 December 2015

Here Your Father died intestate ( with out will) thus You, your all sisters and Mother (If she is aliveI) are having the equal right on the property and only when they will sign a releinquishment deed in your favour only in that case you will get the sole property rights in your favour.

Marriage of your sisters do not attract their no right on the property they are vested with the right to father's property since their birth and afterwards how their marital status changes in not at all matter to effect their right on the property. Please note.

Thus you can not become sole owner of the property without relinquishment deed be signed in your favour bu all other legal heirs of the deceased father.

T. Kalaiselvan, Advocate (Advocate) 22 December 2015

As per law (Hindu Succession Act), the daughters are entitled to equal rights in their father's intestae properties to that of the sons.

Therefore it is essential that they relinquish their rights by executing a registered release deed in your favor if you have to acquire the entire property.

This law is prevalent even before the amendment that came into force in the year 2005. The amendment in the year 2005 should not be confused to this intestate succession.

slakshmanrao (accounts officer) 22 December 2015

Opinion of Shri.kalaiselvan is the corect view respecting the properties falling under self earned category...Regards...

Anand Bali Adv. (Advocate Solicitor & Consultant) 23 December 2015

Dear farmer Sir, Please look in to the defined advice of Mr Kalaiselvan, he is right to his part and to support me for my above advice. The right was in existance but not codefied till Oct" 2005; So that's why in a later stage, it has become a tradition to not to give any part of the property to the daughters as they are to go in other house and in their marriage a considerable money is also to be spent as dowry. In the traditions and applications of customery Hindu Law it is well described , as a juris to Hindu law by Mulla.