Raja (Student) 16 August 2012

Widowed daughter's property rights who married in 1980

Dear Sir,

I would kindly request your kind advice on the following property matter and the said property is under Andhra Pradesh jurisdiction

1) my mother got married in the year 1980 and my father expired in 1998 and now she is widow and has no income of her own

2) from my mother’s side my grand father (mother’s father)died intestate in the year 19994 and survived by my mother’s mother who is alive as on day

3) My mother has 4 brothers and 2 sisters total 7 members = 4 male and 3 female

4) recently 2 years back approximately 2009 all the property was shared among her 4 brother’s and got registered in theirs name with out any of the female member including my mother signed in the property share

5) Since my mother married before 1996, as per law how much percentage of she is applicable to her ?

6) As mentioned below laws, which law is applicable to my mother?

1) HINDU SUCCESSION ACT, 1956

2) The Hindu Succession (Andhra Pradesh Amendment) Act, 1986

3) Hindu Succession (Amendment) Act, 2005

Thanks in advance

Kind Regards,

Raja

Reply Follow

7 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 16 August 2012

1. The point when your mother got married is immaterial and inconsequential.

2. At the time of death of your maternal grandfather the property got vested in his children + widow in equal respects, this share of your mother could be culled out by filing a suit for partition.

3. The 2009 settlement can be challenged and partition sought through a court.

Raja (Student) 16 August 2012

Thanks for your quick and prompt reply, however i have following query.

What is the percentage of share my mother is entitled for ? meaning does equal right or can it be decided on earlier amendments?

Correct me if am wrong in my interpretation, as I heard that as per our state AndhraPradesh amendment in 1986, person married before 1986 is not entitled for equal rights and only entitled for 1/3 rd share.

so in the light of above can recent amendment of 2995 act is applicable to my mother ?

and if not, what could be the percentage of share she is entitled for?

SACHIN AGARWAL (ADVOCATE) 16 August 2012

The first thing is whether the property was self earned proeprty of the father of your mother or it was ancestral. It would fix the share of your mother.

Raja (Student) 17 August 2012

Dear Sir, It has both Self aquired property as well as Ancestral property.

What will be the share of my mother in my mother's father's Self aquired property and Ancestral property?

Thanks in advance

Subrahmanyam (Scientific Officer (Retd)) 25 August 2012

IN Andhra Pradesh The HSA 1956 is to apllied for distribution of share in ancestrral property till the year 1986, when HSA (amendement 1986) came into existance.Therefore till 1986, only male members(sons) were coparceners, and daughters had no rights(share) in the ancestral property. Even in the self acquired property of the father, daughters had no share, if the father died intestate before 1986.Even the 1986 amendement act gave equal share to un married daughters only (as that of the sons.), and they( Un married daughters) only were elegible for an equal share as that of the sons. So it is important to note as to when youur mother was married. It is not immaterial or inconsequential. Since she got marriedin 1980,she is not entitled to any share her father's( your maternal grand father) ancestral property

The applicability of HSA 2005 is prospective and not retrospective. Both sons and daughters become coparceners with equal rights in the property of their father/mother ( and they have an equal share in the responsibilities also), if the father died after 2005.

Mothers father (maternal grand father) died in 1994.If the other 3 daughters were un married by then, they are entitled to 1/8 th share-mother+4 sons+ 3 daughters(un married) of the property of the deceased

Since it is stated that a partition has taken place in the year 2009, it should be done as per the 2005 amended HSA according to which, both sons and daughters (married after 2005 or un married) would get equal shares. If your mother's 3 sisters also got married before 1986, they also are not entitled to any share of their father's ancestral property.

SACHIN AGARWAL (ADVOCATE) 25 August 2012

Good advice by Mr. Subramanyam.

Bhausaheb Desale (Associate Professor) 30 May 2015

In our family we were three brothers and two sisters. Yelder sister got married when she was 11 or 12 years olds. My parents were illiterate and we rest of broters and one siter were childers of age below 10 yeras. Our married sister went to her husbund and she was there hardly for few days. We peoples do not know what happen with our sister and since after her marrage she was staying with us. My father was expired around in 1970. While afetr that we all brothers and siter got married. Because of some differences between my brothers wives and among familly my elder sister and we brothers were staying seperately in our village and we brothers and sisters had good relations. In 2009 my mother made distribution of lad which is heritant that came from grand father to father and then to our mother. According her distribution she gave some part of land (0.67 aar i.e. 0 Hector, 67 aar) this part of land is coomon with my brother Bhagawan Shankar Desale. Does my sister has right to sold the half part of this property?. Does my sister has a right for equal share in heritant property. Please advise us.