VAMAN M KINI (Officer) 17 February 2015

Suggestions required on land dispute

Hi all,

My name is Vaman residing in Mangalore.

My grand father (mothers father) had written a will in the name of his two sons (excluding 3 girl children) as sole owner and those 2 people have built a flat on that plot with mutual agreement with a builder of which terms and conditions are unknown to us. Before the construction started they told us like we will be giving share to all 3 of you but you have to pay a sum of 8 to 9 lakh rupee each. But later on after 2 years of its construction completion they asked us for more amount. Till date only words are spoken but no agreement is executed and we are unknown of what the agreement is with the builder. They are asking us for the money since 2 years inspite of we declining to pay the amount to them several times. They told that we can sale it away right now as we have ready customer so my answer was to them was please sale. This happened on the month of April 2014. Inspite of that they have been calling me once in six months for the amount.

So what might be the reason behind this?? Is it because that they are in requirement of my mothers signature to register that property??

I would be happy if i get some possible answers. :)

Awaiting for reply.

Best Regards,

Vaman

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 18 February 2015

Giving a crucial judgment on women’s rights over ancestral property, a full Bench of the Bombay High Court on Thursday held that daughters alive on September 9, 2005, would be entitled to equal rights in ancestral property. The Hindu Succession Act of 1956 did not give equal right to ancestral property to daughters. This disparity was removed by an amendment to Section 6 of the Act in September 2005. But a Division Bench of the Bombay High Court held previously that only those daughters born after September 9, 2005, will be entitled to equal rights in ancestral property.

Later, a single judge of the Bombay High Court contested this view and held that even those daughters who were born before September 2005 will have equal rights.

Arun Kumar (Legal Consultant Property due delligence) 14 March 2015

You have not mentioned whether the property was self acquired by your Grand Father or he had inherited it from his father or mother. If it was self acquired, ie. purchased by him from his earnings, then his will shall hold good and the daughters may not get any share, even if you contest for partiition. If it was inherited, then the will shall hold good to the extent that grand fathers share alone will be shared by his sons and the rest have to be shared as per Indian succession act 1956.