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T.Ramamurthy (General Manager)     28 November 2010

share to my sisters when father passed away in 1948

My father purchased a house property in the year 1946. He died in 1948.He was survived by his widow ,two sons and two daughters. our sisters were married in 1953 and 1954 .My mother used to stay in the said house till she died

.In the year 1988 my self and my brother  executed an unreigistered partition deed wherein we gave 1/3 rd of the house to our mother  sharing the other two thirds equally between us.In 1988 our rmother  executed a registered will through which she bequeathed part the house property which she got from us  to a temple .She died in the year 2006.  and di not execute any will for the rest of her property.Our sisters now claim 1/4 share each in the whole property including the one whcih we gave to our moother  refering to the 2005 ammended act..

please clarify:

1) since my father died in 1948 is 1956 9r 2005 ammended Act are applicable to the property/ if yes what is the share to whcih our sisters are eligible?

2) If latest acts are not applicable is the unregistered partition deed is legally valid? and whether  our mother willl is legally  valid? if yes , what  sahres our sisters get from the property?

3) if not do we two brothers will get  half share each in the entire property?

 

thanking you

 



Learning

 4 Replies

indeep (advocate)     29 November 2010

first of all if thre is no will of ur father and mother , the property belongs to all the remaining legal heirs , secondly u r saying about the partition deed , can u please tell me that weather it had been signed by all of the remaining legal heirs????

T.Ramamurthy (General Manager)     30 November 2010

Dear sir,

 At the time our father died in the 1948  he was in possession of our ancetral proerty of agriculrtuaral lands  and other movable properties and he purchased the said  house  out of the income from these agricultural lands.On his demise we two brothers as coparcerners sold several agricultural properties excet this house  and also gave part of the sale proceeds to our mother too.The said house is the only remaining property now.Hence  I feel that the property is to be treated as ancetral property and not  my father's self aquired ones.

The first question now is since  the coperacenary had opened in the year 1948 itself and my sisters at that time were not being coparceners do they get   a share  in the remainaing property that is the said house  due to The ammendement made to HSA 2005 and become equal share holders?I feel they may not ger any share considering several judments given be  The Honble supreme court  and several  Highcourts.Kindly clarify

Further since we two brothers executed an   unregistered  partition deed in respect of the said house  as back as in the year 1988 which was acted upon by the will executed by mother in respect of a part of the said  her share, can this family arrragement be treated as deemed partion under the provisions of 2005 amendemnt to HCA act?.kindly clarify with respect to the stand taken by the courts in respect such family arrangements

Then the second question is  whether our mother by provisions of 1937 Act getsa limited right over our father's share of the property(i.e i/33 of our property ) inluding the said residential house? .If this is true then by 1956 Act clause 14 had she acquired absolute right over my fathers's property?If she aquires  absolute right then what will happen to her share  after her  death if she left  part of her  proeprty intestate?

Regards

girishankar (manager)     09 December 2010

They dont have any Right to claim ..

girishankar (manager)     10 December 2010

Sons seeking probate has to be most careful since the law is in favour of the Son-in-Laws {womens/Sisters}.

Better try to solve the issue among yourselves.


 


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