Lakshmi (Staff) 25 September 2010

Women's Rights on Ancestral property in Chennai

Sir,

I am a Hindu house wife.My grandfather has left a property at the time of his death without providing any will.

My Father & his brothers registered a release deed from my grandmother & from daughters(MyAunt) of my grandfather in favour of male members.

The details of my family is as follows.

My Grandfather & Grandmother(Both are expired)

My Grandparents had four brothers & two daughters

The total no of grandchildrens is 26(Male 12 +Female14).

After the death of my grandfather , my father and his brothers & my grandmother has made a partition in 1986 in favour of male members.They have totally denied the rights of female childrens.

Now the property is earning rental income.

Now my brothers are going to sell the property.Can i stop them legally to sell the property.

They have ejected me out of my grandfathers house forcefully in the year 1994 & till now they are enjoying the rental income from the property denying the rights to female childrens.

What is the option available for me to claim rights on my grandfathers property..

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4 Replies

R.Ramachandran (Advocate) 25 September 2010

Dear Ms. Lakshmi,

From the facts revealed by you, it is quite clear that the property is ancestral. Prior to 1.1.2005, the ancestral property would devolve only upon the surviving male decendants - meaning thereby that only your brothers would be entitled to share and not the female members i.e. daughters.

Since according to you, the property had been partitioner in the year 1986 itself, the said partition cannot be now questioned.

If your brothers are enjoying the rental income, truly they are entitled to it.

It is only if the ancestral property had not been partitioned prior to 1.1.2005, then the Hindu Succession Act, 1956 has been mended and according to the amended provision, even the daughters are treated as co-parcenars and would have equal right in the ancestral property as the sons in the family. However, the amendment clearly provides that anything done prior to 1.1.2005 will not be disturbed.

Frankly speaking, you being a female member of the family, and the partition of the ancestral property having been done prior to 1.1.2005, do not have any right / claim over your grandfather's property. As simple as that.

You would not be in a position to stop from your brothers from selling the property. If at all, only your brother's children (both sons and daughters - as I mentioned earlier, daughters also have equal share in the ancestral property from 1.1.2005) can object to the sale.