ksethuramalingam (Manager) 16 August 2015

Married womens right to property

Dear sir,

My wife's father expired in 1996 with out any will. My wife is having two brothers and mother.

we married in 1988 April. However we made an agreement in 2002 and signed by all four,mywife,two brothers and mother. It was not registered. BUt my wifes brothers are not giving the share mentioned in the agreement. As it is not registered they say it is invalid. Now what is the course of action to get the share of my wife. What is the share she will get.

2) Eventhough The hindu succession Act( Amended) 2005 says Girls married or unmarried born betwwen 1956 and 2005 are eligible for eaqual share.The tamilnadu Hindu succession Act

says girls married before 1989 are not eligible for equal share. But the Bombay Highcourt has given a judgement that after the 2005 amendment the state Laws become void.. I would like to hear your opinion on this.

3) My Father in law (wife's father) when the Land ceiling Act came in to force in 1970

donated some property to my wife,some to elder son and some to younger son out of the total property inherited by him. ( Dhanapathiram which was registered) Balance property is in his name.

The dispute is for the balance property in my Father in laws name.

Can the donation be treated as partition.

I would be thankful to you if you give me the answers for my three questions.

Regards

K.Sethuramalingam

Reply Follow

2 Replies

Kumar Doab (FIN) 16 August 2015

'Dhanapathiram' seems to be gift. Registered Dhanapathiram seems to be registered gift deed.

If it is gift then it is not partition.

If it is not partitioned then you may succeed.

You may however seek opinion from local lawyer specializing in family/property/revenue/civil matters and well versed with local laws.

SAINATH DEVALLA (LEGAL CONSULTANT) 17 August 2015

In continuation to MR.Kumar's views, If the properties are self acquired by the father or ancestral, in law there is no distinction between a son and daughter in property matters. Each of them share equally or as per the will of the testator. According to Hindu succession Act, it is clear that all children - whether male or female have equal right over father's property.after the amendment of Hindu Succession Act in 2005, the distinction of ancestral property and self acquired property has gone.

now the daughters does have equal share in the ancestral property as well.

pls the amended section 6 of the act.