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reshma   26 June 2015

Property divisions among siblings

Hello,

we are from Andhra pradesh, My Grand fathers had 5 children, 2 sons and 3 daughters, i.e.,first 2 daughters and then 2 sons and after 1 daughter, all born before 1965. my dad was the youngest son. 2 of my aunts got married in  1970's and yonger aunt got married in 1983. my grand father was expired in 1991 and my grand mother was expired in 2013. they did wrote any will. now we have to divide our property. our grand parent had a house and paddy field. house registered under both my grand parents names and paddy field registered under only my grand fathers name. now we had some questions.

1. how should we divide our house, by 5 equal shares or 2 shares 1 to daughers and one to sons as the the house was registered under both my grand parents name

2. paddy field- my younger aunt who was married in 1983 is claiming that she is also having equal share in paddy field acc to NTR Act of right to equal propert to girl child. do she had share or only my dad and uncle can share it.

3. acc to NTR Act of right to equal propert to girl child- girls maaried after 1983 had equal share or girls born after 1983 had equal share. please mention the year.

some one please clarify us. 



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     26 June 2015

As per H S Act, the girls are also having rights over an ancestral property. The division of property may be un-equal/equal and decide it in an amicable way.  or get advise of the elders of your family. accordingly register the partition deed in SRO concerned.

D.V.RamaKrishna (Advocate)     26 June 2015

Property can be divided in 5 parts as all children i.e. sons and children have right
1 Like

saravanan s (legal advisor)     26 June 2015

since your grand father had died intestate his property should have devolved in equal shares over his class 1 legal heirs namely his wife and five children.which means the house you are talking about - your grandfathers share alone would have devolved over his class 1 legal heirs in equal shares and your grand mother would have retained her half share + 1/6 th share in the other half that belonged to your grandfather.

now since your grandmother had also died intestate apart from the shares you already got in the grand fathers half you will get 1/5th share of all your grandmothers share in the house

as far as the land is concerned since it is your grandfathers property all his class 1 heirs will get equal share which means 1/6th share and from your grandmothers share you will each get 1/5 th share as she had died intestate.women also have equal share in the self earned property of their parents.

1 Like

Kumar Doab (FIN)     26 June 2015

How did the property devolve upon Grandfather and Garnndmother?

Is it their self acquired proeprty?

 

Married daughters were granted equal share by Hindu Succession (Amendment) Act, 2005.

 

Hindu Succession (Amendment) Act, 2005, would make no difference on succession prior to September 5, 2005, the date on which it had come into force.

 

Succession is occasioned for properties of Hindu Undivided Families when there is a partition in the family or when a male coparcener dies leaving daughters. If such event had occurred after Andhra Pradesh September 5, 1985, in Andhra Pradesh but before December 20, 2004, the benefit of enlargement of right will not be available for those who were married as on September 5, 1985, since the State law would be the ruling law on the date of succession.

 

You have posted that:

"grand father was expired in 1991 and my grand mother was expired in 2013."

The succession to Grandfather opened in 1991, and to grandmother in 2013.

 

The ClassI legal heirs of Grandmother are her Children.

The Grandmother is spouse and ClassI legal heir of her husband.........................and will get one share of the proeprty.

 

Agriculture is a state subject and state laws govern it...................e.g. IN UP/Uttrakhand as per UP Land and Zamindari Abolition Act, married daughters are not given share in agriculture land.

 

You may consult an able lawyer well versed with state laws and family/revenue/proeprty/civil matters, with all documents on record and give inputs in person.

 

 

 

 

1 Like

Kumar Doab (FIN)     26 June 2015

It is believed that you are Hindu.

reshma   27 June 2015

yes we belong to hindu family and the propert was my grand fathers own earned. 

thanks for the reply. sir please clarify one more thing,

 i know that according to act 1956 girls had  share in mothers propert, and according to NTR act 1986 girls had equal share in both fathers and mothers, does this mean the women born or married before 1985 also had equal share in fathers property also?  please convey in simple words 


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