Suresh (None) 17 August 2010

Propery rights of Woman

G1 had two wives W1 and W2, both W1 and W2 had sons and daughters. W1 had one son S1 and one daughter D1, and W2 had one son S2 and two daughters D2 and D3. D1, D2 and D3 all three got married before 1975. Now G1, W1, W2 are not alive.

Now both S1 and S2 are staying together. G1’s father GF1 had 4 hectares of land and he sold the land to one of his relative R1 due to financial reasons on 1941; however the land was in procession of G1 till his death (1984). When S1 was born, his mother W1 passed away, G1 was not willing to keep the kid with him. S1 was brought-up and taken care by R1 till he is 15 years old.

The 4 hectares of in name of R1 has been transferred to the name of S1 after his death by changing the Katha to S1’s name on 1984.

Now D1, D2 and D3 are asking for share in the property owned by S1.

The property owned by S1 has not come directly from his father or grand father to his name.

Now my question is: is D1, D2 and D3 are eligible to get share in the property owned by S1.

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4 Replies

Bharatkumar (ADVOCATE ) 17 August 2010

No becuz only S1 is owner of the said land.

D1, D2 and D3 are not eligible to get share in the said property.

R.Ramachandran (Advocate) 17 August 2010

When father of G1 had already sold the land during his life time, what is the property that is left for the D1, D2 and D3 to claim a share in?

R1 who is the purchaser of the land has every right to dispose of the property in whatever manner that he likes. Exercising his right, he has ensured that after his death, the land goes to S1. It is because of this act of R1 that S1 has got the property. Just because the property which was once upon a time owned by the Grand Father of D1, D2 and D3, is now owned by S1 due to the act of R1, the Daughters have no right to claim any share at all. In father there was no property left behind either by the Grand Father or Father of these daughters and as such the question of their claim any share in any property just does not arise.

jyotirmaya behera (advocate) 17 August 2010

who is married after the 2005 that woman have the right of the fathers proporty. before that year who are married they have no right.. so D1,D2 & D3 have no roght over her fathers proporty.

R.Ramachandran (Advocate) 18 August 2010

Dear Behera, thanks for your interest in the subject and for posting your reply/comments. But, your reply/comment is no where near the projected problem. The crux of the matter is the Grand Father had already disposed of his entire property during his life time. But the purchaser of the property who happened to be relative of the Grand Father, has seen to it that the entire property goes to the Grandson of the seller! The grand daughters want to know whether they can claim share in the property - since according to them the entire property has now gone to the grandson i.e. their brother.

Hence the marriage or non-marriage of the woman before or after 2005 has no bearing in this instant case.