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hindu married womens rights over her fathers property


 

My great grand father had quite a good deal of property in his name. after his death and after a lot of discussions and negotiations his sons and daughters (my grandfather and his brothers and sisters) agreed to divide it. Which I believe in legal parlance means partition.  In the process, my grandfather, his brothers and sisters and all their children were asked to come to a particular office and sign a record along with their photographs. I am not aware of what record and before whom it was signed. So my grandfather and my uncle were a part of this. But my mother was kept out of this whole process while all the others which includes my grandfather his brothers and sisters and their children were involved in the process.

 

Now the property was divided and the property which came  to my grandfathers share was jointly held by my grandfather and my uncle. Later my uncle even got a Power of Attorney from my grandfather. As of now he has also sold few properties without even informing my mother.

 

My queries are as follows:

 

  1. Does my mother have any legal right with respect to the property in the entire scenario as stated above?
  2. In case yes, is there any remedy as on date?
  3. I have heard that after partition the property would become my grandfather's what is legally called self acquired property over which my mother or any children for that matter have no right. It is the sole discretion of my grandfather as to how he intends to dispose the property. Is this true?
  4. Any idea as to the whole process where my grandfather and all his brothers, sisters and all their children were asked to attend a particular office and sign a record? What could be the relevance of this procedure?

 

 
Reply   
 

respected querist,

as per details given by you my views are as follows-

1.daughters have all rights over the ancessostral property same as the son have on that property.

2.if your mother is not taken in process during the partition then she can challenge the partition or sale deed and even you can challenge it on the title of lrs of your mother.

3.my view is that your mother should file application for the partition of the property in issue,

4.nope,after the parttion the property can not become the self acquired property ,self acquired property is that property which is purchased and earned during the persons lifetime and with his earned money.

5.your grandfather and his bros and sis and children may be asked to record their stsaemnts regarding the partition matter whether they had accepted the following partition or not .feel freeto call if you had left any query

 
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hi,iam ranga.i have 2 sisters,one married in 2003 with dowry,and another studying ,she is not interesting to marry .my father has given each one a plot when he was alive,and died in 2011 with out writing any will on his property.iam married.till my father dead iam outside from my parents doing a business(my father invested) .i have not given single paisa to my parents regarding this business,more over i lossed 10 lacks in business,my father paid that also.my father seperately doing a business at his own open plot.after my father dead i came home and occupaid my father business also and enjoying all profit alone.in this situation my both sisters asking share from my father property.i have no own house.i and my mother not willing to give.the property documents are with them.now they are preparing to file a partition suit.but i want to construct a house in my fathers property,i have my own plot beside my father plot which is given by my father.now what can i do.if my sister accept to marry iam ready to do.plz give me detailed answer. thank u.

 
Reply   
 

Dear Anish,

Thank you very much for the reply. I have a few more queries.

1) At a given time when the partition takes place, who all become a party to it as in how many generation lines will be taken into account.

2) Which law would be applicable in this matter? Is there any specific legislation which has to be referred.

3) So after partition, the property still remains the ancenstral property as far as my mother is concerned and a new set of coparceners starts from my grandfather. Am i right? That way she still has her rights intact with respect to the property in the hands of my grandfather?

 
Reply   
 

@angel

respected querist,

1.generally when partition takes place the co sharers and if any is deceased one then his/her leagal heirs become the parties.

2.if you are hindu then succession act will apply on the matter of partition of deceased

3.yes and if any party had lost his right he can also claim for that.

 
Reply   
 

sure ,u can go to court.

 
Reply   
 

i have a similar query...does a daughter married before 1980 can ask for share in fathers property if he has not writen any will on her names? thanks in advance..

 
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