Raj Subramaniam 01 May 2023

Property rights of tn women married before 1989 on brothers 33 years ownership

My Grandfather acquired a property near great grandfather property on 1968 & 69. Grandfather Died around 1983.
Sole heir is my father. He wrote a will (registered in 1989) to divide all his properties to his 2 sons (4 other daughters and 3 out of 4 daughters are married)
Father died in April 1990. Without knowing the will, 2 sons go for partition settlement with 3rd party in it as 1 unmarried daughter (20 years old that time). 2 married daughter's husbands are witness in this partition settlement
1990 - All land & houses are separated. Pattas are transferred to respective sons. Now 33 years in sons name.
Now 1 daughter from these 3 married at the time of partition (her husband as witness) plan to go for court to get her share from Grandfather property. She got married around 1985 in her age 20.
We are from Tamil Nadu and property is also located in Tamil Nadu.

Will the daughter have any rights in the property since she married before the Tamil Nadu's 1989 amedment? Since the Central Goverment's 2005 amendment is direct conflict with Tamil Nadu's 1989's amendment, which one needs to be considered?

Without mentioning the will, partition happened. Will is dividing between only sons. 33 years in sons name- is there any limitation period to prevent her share?

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 01 May 2023

If the property was partitioned among themselves by the sons and one daughter alone, without giving any share to the other daughters, especially if the subsisting Will was not enforced, then it is an injusitce done to the remaining daughters.

These left out daughters are entitled to a share equally at par with their other siblings as per the HSA, 1956.

The question is not about who signed as witness to the partition or settlement deed 33 years ago, but rhe question is about the not giving an equal share to the left out daughters out of their father's properties.

There is no limit to file a partitioon suit, hence the left out daughters can file a suit for partition claiming their respective and legitimate share in the properties with separate possesion divided by metes and bounds and if the left out daughters are not alive then their legal heirs/successors in interest can very well claim a share out of their mothers' share in the properties left behind by their grandfather.

The partition suit is not barred by limitation act.

P. Venu (Advocate) 01 May 2023

The property being not ancestral, the 1989 amendment is of no consequence,

Admittedly, the property that the father had been partitioned as if it was intestate. As such, all the siblings are entitled for equla share. And this could be enforced at any time through a partition suit.

Dr J C Vashista (Advocate) 02 May 2023

You have stated " My Grandfather acquired a property near great grandfather property on 1968 & 69 " what do you intend to convey is not clear.

Neither status of property i.e., whether it is self-acquired ot ancestral and under any will or intestate nor successors is clear for forming proper opinion and oblige.

It is better to consult a local prudent lawyer with relevant records.