In this Post I shall briefly explain the property rights of women under the Hindu law. There are four stages here, to wit, pre-1937, 1937-1956, 1956-2005 and post-2005.
The Hindu Succession Act, 1956 introduced many reforms and it abolished completely the essential principle that runs through the estate inherited by a female heir, that she takes only a limited estate. The Supreme Court put a lot of controversy at rest by holding that the woman becomes the absolute owner under Section-14 of the Hindu Succession Act, 1956. The object of Section 14 is two-fold : (1) to remove the disability of a female to acquire and hold property as an absolute owner and (2) to convert the right of woman in any estate held by her as a limited owner into an absolute owner. The provision was retrospective in the sense that it enlarged the limit of the estate into an absolute one even if the property was inherited or held by the woman as a limited owner before the Act came into force. Any property acquired under the 1937 Act held in capacity of a limited owner was now converted to her absolute estate. The Hindu Succession Act, 1956 abrogates all the rules of the law of succession hitherto applicable to Hindus whether by virtue of any text or rule of Hindu law or any custom or usage having the force of laws in respect of all matters dealt with in the Act. Therefore no woman can be denied property rights on the basis of any custom, usage or text and the said Act reformed the personal law and gave woman greater property rights. The daughters were also granted property rights in their father’s estate.
Under Section 8 of the Hindu Succession Act, 1956 the property of a male Hindu dying intestate (that is, without leaving any testamentary instrument like will, settlement etc.,) shall devolve on his son, daughter, widow, mother, son of a predeceased son, daughter of a predeceased son, son of a predeceased daughter, daughter of a predeceased daughter, widow of a predeceased son, son of a predeceased son of a predeceased son, daughter of a predeceased son of a predeceased son, widow of a predeceased son of a predeceased son. Thus female heirs were granted property rights in the estate of the deceased male Hindu.
The above said Section applies to the self acquired property or the separate property of a male Hindu.
However Section-6 of the Act clearly states that in the case of joint family property, known as coparcenary property, the interest of a male Hindu, on his death, would devolve by survivorship upon the surviving members of the coparcenary and not in accordance with the above said provision. Coparcenary consists of grandfather, father, son and son’s son. However, if the deceased had left him surviving a female relative (daughter, widow, mother, daughter of a predeceased son, widow of a predeceased son, daughter of a predeceased son of a predeceased son, widow of a predeceased son of a predeceased son) the interest of the deceased in the coparcenary shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship. For example, A (who had an interest in the coparcenary property) dies leaving behind him his 2 sons B & C and a daughter D. When he was alive, B & C (sons) were members of the coparcenary and D (daughter) was not a member of the coparcenary. On the death of A, his daughter D will get only 1/3 share in the 1/3 share of her father in the coparcenary property. It means the sons B & C will get 1/3 +1/9 each where as the daughter D will get only 1/9 share in the property.
Under Section 23 of the Hindu Succession Act, 1956, where a Hindu intestate has left surviving him or her both male and female heirs and his or her property includes a dwelling house, wholly occupied by members of his or her family, the right of any such female heir to claim partition of the dwelling house shall not arise until the male heirs choose to divide their respective share therein; but the female heir shall be entitled to a right of residence therein; Provided that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by, or has separated from, her husband or is a widow.
No doubt, the above provisions of the Hindu Succession Act, 1956 are gender discriminatory. To remove the said gender discriminatory provisions the Hindu Succession (Amendment) Act, 2005 was enacted and the said Act came into force on 9th September, 2005 and it gives the following rights to daughters:
In a Joint Hindu family the daughter of a coparcener shall,-
(a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu coparcener shall be deemed to include a reference to a daughter of a coparcener:
Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and (a) the daughter is allotted the same share as is allotted to a son; (b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and (c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be.
The above mentioned provision under Section 23 of the Hindu Succession Act, 1956 relating to right of residence in dwelling houses has been omitted under the Hindu Succession (Amendment) Act, 2005.
Thus gender discrimination has been removed to a larger extent by the 2005 Act. Now, daughters can claim equal right in the self acquired/separate property and also coparcenary property left by their father.
Plese refer your blog para 10. What will be the rights of the daughters vis-a-vis sons and the widow i.r.o dwelling house property left by a Hindu who died years before enactment HSA 2005?
ReplyDeleteIF PROPERTY IS PRESENT RIGHT IS PRESENT
DeleteHi, is there a law that gives an wife the right to claim one-third of the total income of her husband irrespective of being working/ non-working? if yes, please explain that in a mail.
Deleteplease respond in bhattaabhishek@gmail.com with answers.
@Anon: The HSA 2005 came into force on September 9, 2005. Therefore the rights of the daughters in respect of dwelling house left by a Hindu who died years before the enactment of the said Act will be as per Section 23 of the Hindu Succession Act, 1956.
ReplyDeletesir i have a question when does this rule of equal rights of property to son and daughter came in to existence? and for which lands this rule is applied ? whether lands purchased in the year 2005 or after , or before ?
Deleteunder provisions of the Hindu Succession Act, 1956. under Gender discrepancy. Boy and Girl hold equal rights on Parental property. No matter whether land purchase on or after 2005.
DeleteDear Sir,
ReplyDeletei have a query, we were a joint family and after my fathers death my uncle(fathers brother) started creating problems.so we seperated. my fathers legal heirs are a son(me),2 daughters,my mother. does my grannt(fathers mother) has the right to fathers share?Also most of my fathers property was in the name of my mothe and father. granny has 2 sons more and her age is 80+.plz advise.
dear sir,
ReplyDeleteMy father died of heart attack last year.He is survived by his three daughters and wife. I'm the eldest one and married as well. my younger sister is also getting married soon. my youngest sister is studing in college. Prior our house was in the name of our grandfather who, before his death handed the property in the name of my parents.Later my father with the consent of my mother get the house solely in his name. Now as he died last year without any will who will be legal heir apart from my mother. My father's brothers have their own properties from my grandfather's will and according to which they are not entitled to get any share in our house.
my father was running a jewellery business in the parternership. Now after my father's death will he(business partner)be the sole owner of business and can he ask for a share in our house property.
TINO MERE PAAS AA JA.
Deletevery cheap of u to put such comment, i request admin to remove such comment.
Delete:INDIAN
a person died living is legal hier that is 3 son and 3 daughter after this the 3 son have died and the son and daugher of deceased person have been recorded on land statment but the deceased person sister name is not recorded on land statement , all this is before 2000 , can the 3 sister claim right in the land/ property
ReplyDeleteWidow Mother has her own dwelling house, totally built on her own salaried income. She has 1 son and 1 daughter alive and 1 son expired (his wife alive). Who can claim more share on this or equal rights to all or how can be divided by hindu law ?
ReplyDeleteDear Sir,
ReplyDeleteMy grandfather died 20 years ago. His assets were grabbed by my uncle (my mother's elder brother)now. He got authorization sign from my grandmother unknowingly. After hearing the incident my mother quarrelled with him and she claimed for only 1 lakh amount and gave the full rights to him by signing the agreement. Is there a change to claim again for property? Now my grandmother is no more
Dear Sir,
ReplyDeleteWe are four daughters (all married) and a son for our father. My father made an unregistered will during June, 2008 in the name of his daughter-in-law pertaining to a self acquired house building property. He expired in March, 2011. Kindly let us know whether we can claim an equal share in the proceedings, in case the house in question is sold.
I am 63 years old and have a house built out of my own income.I have a wife,son and daughter.I would like to register the house in the name of my wife and after her death,should go to my son/daughter with equal share.But since my son stays in USA and as i want to do it without their knowledge,what are the options available to me.Reply.
DeleteIf the land is in your name in which you had built house question does not arise to inform any one. You can make a settlement deed in favour your wive with further mentioning the it can be enjoyed by your son and daugther after the death of your wife but none can sell it. So that your entire generation can enjoy your hard earned property. You name will also remain for ever
DeleteOpinion
BY K R SRINIVASAN
SUB INSPECTOR CISF
Dear Sir,
ReplyDeleteThis happened in a Hindu family in Tamil Nadu. I have two brothers. One of my brother is in Vellore and other one is with my Mother in the hometown. My father died before 20 years. Before my marriage my brothers and mother forced me to transfer the property along with a release deed stating for safety purpose and I signed it.
I have been requesting for my share of property for past five years and nothing is moving. Can you confirm whether I can still get my share of total property and what needs to be done to get this exercised. I got married in May 1989. The properties are house and agriculture lands.
Hi,
DeleteDid you ever find out your rights, I have a similar situation and is wondering if you can help me. Pl feel free to call me on Cell 9833013661.
Regards,
Prasad.
We r 4 in my family, my dad n mom,I am male age 28, my younger brother age 22. My dad bot the land n registered in moms name then my mom was working in abroad n she spend more money to build a building on that land but after this the problem is she Tells no one has any rights on her property. Is there any rights for us (I, my brother n dad)on that mothers property. All are alive but now we all live separately.
DeleteMy father expired without any will on his property. We are five daughters and two sons.Some how there was some understanding between all the members and settled the issue. Now, my mother expired without any will.Our brothers are refusing to share the property with daughters of my mother claiming that we do not have any rights.Please advise us about our rights at this situation.
ReplyDeleteDaughter has equal rights as son. Without consent of daughter son will not able to transact with property. daughter can take legal action against the same.
DeleteMy wife is the only daughter to my father-in-law. She has 3 elder brothers. Her father expired 5 years back. After her mother's expiry, does my wife also get equal right for her parents property?
ReplyDeleteMy brother-in-laws are trying to bully my wife that since their father gave dowry (it's very nominal compared to their assets now), my wife will not be given a single penny for her parents property. I thought this doesn't make sense as per 2005 Hindus act. I am ready to give back dowry, if this stops her to get her parents property share.
Could you please advice how to claim her share of parents property.
This comment has been removed by the author.
ReplyDeletedear sir, My Grandfather (Maternal) expired without any will on his property on 1998. My mother have one brother and one sister. Now my uncle trying to own the grandfather's asset. Sir please refer me, my mother have legaly how much percentage of my grandfather's asset
ReplyDeletei have two brother and six sister my father is death before 6 months. my all sister said give me a equal share father property.that is legally rigt or not?please advice sir... and this is right so what percentage of share to partition in my six sister.
ReplyDeleteMy father died without leaving any will or any such document which should say that the property should go to my only brother. Am I also eligible including 3 other sisters for this property, though we all are married.
ReplyDeleteplease reply soon at swati.021@gmail.com
The daughter gets right as a coparcener with that of the son and it is also stated that it has incidence of copoarcenery. Will you please enaborate what is this incidence of coparcenery
ReplyDeleteThe widow in madras state was held entitled to benefits of the Married Womens right to Property Act of 1938, but this was extended to agricultural lands somewhere in 1945 or so and there is a reference to Act 1947 of Madras state as well in this behalf. Can you elaborate.
ReplyDeletemy father had got agriculture land from his grandmother, his mother & 2 sisters said give me the equal share from this property.i.e. legally right or not? and this is right so what percentage of share to partition in his 2 sister.
ReplyDeleteplease reply soon at m.verman@rediffmail.com
EQUAL
DeleteMy father died in January 2011. He had a land property that is on lease to IOC in a monthly rental basis and a house by his own name. He had left behind his wife, a married daughter and a son. How will the monthly rental be divided among the three and share of the house? Will it be possible for the mother to make a will in favour of her son of the share of her property (1/3 rd) which is on lease to IOC now ?
ReplyDeletemy father has made a will in which he decleared that his real estate property will go to my brother alone. I am still unmarried at the age of 26. After his death shall I claim its half of the share.
ReplyDeleteplease do me the reply sanjukta.bhowal@gmail.com
my father sold his own property on his own which is a "inamathi" land in 1985 with all his sons signatures and i am his only one daughter. my father has not taken my sign to sell this land.Can i claim my rights over this property which is already sold long back? please do reply me at suma.s745@gmail.com
ReplyDeletemy mother property forcefully her son want to take that by harassing her pls reply the rules what to do
ReplyDeletehi sir
ReplyDeletei'm being a only daughter to my father and i'm seperately living with my mom [without any legal seperationa]from my childhood in the joint family house of my father but now the house was given in the name of my aunt by my father . . .subsequently i filed a case ...... can i have equal rights with my aunt please reply
Status of a widowed mother in HUF
ReplyDeleteDear sir,
ReplyDeleteMy father has 3 Sons and 6 Daughters,and he expired without any will.Now,we brothers dont want to share property with sisters.
Please advise us about our rights.
you cannot do that.Also,it is against law.
DeleteMy father expired on 2003 without make any will.And his leagal heirs are Me,My two brothers,my sister and my mother.My father's mother died after my fathers death.Now one of my brother is not willing to make partition.and irritating our mother badly.Please suggest any solution regarding this matter
ReplyDeletemy husband expired last year. He has given a power of attorny to his brother and when he was ailing the brother misused the power of attorny without my husbands knowledge and registered part of his property. we came to know about it after the death of my husband. Can we take action against him?
ReplyDeleteHELLO SIR I AM MANGALA
ReplyDeleteMY FATHER IS GOVT SERVENT AND MY FATHER HAS ONE ELDER SON AND ME AND SYSTER IS THERE ANY SHARE IN MY FATHERS PROPERTY.
hi sir my grandfather last 20 years back given all propertys to my father name now my anty{my fathers sister} asking to provide property so now how much persentage property we have to give ......plz help me
ReplyDeletesir, what is the rule position when a father leaves behind a part of property to his daughter.This daughter further has a son and a daughter.Does her own daughter have a claim on the property or can the mother wholly leave it to the son by selling off the property that she had got from her father.plz advice on the right of the daughter on it.
ReplyDeleteCan a Hindu girl by birth , married to a Muslim boy claim right to joint family residential and commercial property inherited by her father .
ReplyDeleteMy mother expired 16 years back. We are 3 children (1 son and 2 daughters) all were minors at the time of my mother's death. My Father acquired property with her support as she was a Government Employee. He remarried 3 years later after her death, having 1 daughter with his second wife. After his second marriage we were separted. The property is on my Father's name. We want to claim the asset as actual leagal heirs. Please suggest whether the whole property belongs to us as per Indian Law
ReplyDeletesir,My father bought property in my mohters name.but mother is not willing to give to daughters'she wants to give to her two sons int hat case what can two daughters do. pls advice
ReplyDeletehi
ReplyDeleteHi Sir,
ReplyDeleteMy grandfather has 6 childrens. 3 daughters and 1 son belongs to his first wife and 1 son&1 daughter belongs to his second wife. his first wife is no more. he has a 10 cents of land in the name of his first wife. so this property should be shared by his first wife children. My question is: this share is divided by 4 (first wife children) or 5 (first wife children + grandfather). if so, now my grandfather is no more. that 1/5th share of the property will goes to his second wife son or not. please clarify.
Dear Sir,
ReplyDeleteWe are four siblings, three girls and one boy. My mother has got property from her father (my grandfather) which is given by his father. My mother has divided the property unequally, more to elder sister and only brother. Me and my another sister are not equally given. This shows much difference in prospect of my mothers grand children, one daughter kids are getting more financially stable and other daughter kids are not. Is there any law in Tamilnadu that says property from forefathers should equally split to grandchildren?
Your response is much appreciated and thank you in advance for reading my message.
regards,
Hi
ReplyDeletei would like to know the women right in father property as per law she is legal heir of how much percent of property she has as per indian govt law and rule act no as wel
plz suggest me on shhjhnshaikh@rediffmail.com
Widow Mother has her own dwelling house, totally built on her own salaried income. She has 1 son and 1 daughter. Daughter alive and 1 son expired (his wife alive). The widow dies after her son's death leaving behind her daughter and daughter-in-law. Daughter is married. Who can claim more share on this or equal rights to all or how can be divided by hindu law ? Awaiting your suggestion @ raja_sengupta_74@yahoo.co.in
ReplyDeletei am an widow from last 8 yrs last month my father in law expired my husband flat was in joint of my father in law and both did not make any will so can we claim the whole property to transfer in my and my 2 sons and 1 daughter plz guide me
ReplyDeleteDear Sir,
ReplyDeleteMy family properties were divided by my father in to five parts and given away two parts to his two sons by first wife. The family partition was done through a registered deed in 1968. Then he remained till his death along with his part with his second wife and her two minor sons as a guardian. He was died in 1970. He has given first charge sheet to my mother( second wife) in the same partition deed for her maintenance. She was died in 1981. Two sons of first wife were also died. One of the grandson of first wife (predeceased son) is now demanding for his share in the undivided part of grandfather after a period of 21 years. Is he eligible for it? Please let me know whether the property given to my mother for her maintenance will be passed on to her children only or it will be reverted and should be divided again among the four brothers(includes first wife and second wife children. Awaiting to your suggestion at karthavaran@yahoo.com
Dear sir,
ReplyDeleteWe are two male & 6 female childrans to my fother our all sisters are married lost 1995 years back & at the time we are un married Now we married & dicieded to divieded my fothers proprtey but now all our sisters wonted share in this property what we can do plese sgest me sir
Dear Sir,
ReplyDeletePl clarify the following,
I ma a retired personnel.My brother prior to his death had made an oral commitment that his self acquired property upon his & his wife's death will be the right of the Son as his son does not have have a house of his own,& also inview of the son & his wife's gesture in taking care of my brother & his wife during their old age for almost 25 years after his retirement.
His is son in law married in Feb 1990 has contested the claim & is claiming equality rights on the immovable & movable property of my Brother for his wife.
Pl advice the legality of the situation & reliefs thereon.
Regards,
zeinpharchem@yahoo.co.in
Dear Sir,
ReplyDeleteI am a Christian married to a Hindu,we have a daugher aged 8 yrs. We got married in 2001, my husband took a loan for our house that we are currently staying in. The house is in the name of my husband and father in law. I do not have good relations with my in-laws. My husband refuses to add my name in the house property. In future in case of any misfortune, ie husbands death, what rights do I have..? pls guide me...
reply
desy123@gmail.com
can i change my cast SC to general?
ReplyDeleteHello Sir,
ReplyDeleteMy wife is a alone daugher to her parents. She got married and she has kids. So, could you please clarify on below doubts ?
1. Mother named properties will go to whome ?
2. Father named properties will go to whome ?
as we know and as she is a single daugher, she will get all the property. But, without dauther's approval and signature, parents can sell the property? if they sold it, can daughter can file a case ?
Need clear information about a single dauther's property eligibility and all the information.
If you have any online documentation, please refer it.
Thanks & Regards,
Anonymous User
Hi,
ReplyDeleteMy name is Sri, My father has two houses and a plot. i am his only daughter and i have two brothers. now my father wants to give plot and house to two brothers and one house my parents want to stay. when i ask about my self, he claims that he spent money for my marriage so now more sharing. please suggest me how i can get equal share like my brothers.
thanks
Dear Sir,
ReplyDeleteMy cousin brother has expired 4 years back, living house is his name. How to transfer the same to his wife name ?
Is it required to do by court ?
Is required to pay stamp duty ?
can you explain in brief the process please sir, nobody is giving right guidance.
dear sir,
ReplyDeletei would like to know about my mother's right. my mother have 7 siblings.me and my mother had been residing in her father house for 25 yrs now for her failing health. we cannot afford a separate dwelling right now for financial reasons.when this house was bought back in 1980 one of my maternal uncle had helped in acquiring the property by paying a certain sum of money, and hence he is entitled to half share of this property as per deed papers and all 8 siblings have equal share in the other half. but now my maternal uncle[the one wid half share] in torturing us mentally so that we leave this house. he had even threathened us that he will lodge a false complaint regarding theft wid police if we dont move out. he at present resides in london. we occupy 2 rooms in the ground floor and the rest of the rooms are kept locked. he has been abusive in front of neighbours as well. i would like to know what rights my mother have and what proceeding should i take against him. please reply. in dire need of help. thanks in advance
sir,
ReplyDeleteMy meternal uncle(my mamaji) died in 2003 following a longtime illness. He got married in 1987 and her wife left him in 1988 taking the two twin baby girls within a year of their birth with her to her mothers home and since then never returned.
In addition shee filed a case against my uncle and took the custody of the children with her .My uncle used to pay maintanace of 1000rupees for each child evry month as directed by the court. My uncle then at last applied for divorce case whose trial was transferd to allahbad high court but my uncle died fighting case but no results or verdict for that pending case. Has the case been closed after his death? Can his wife claim for the property which is in the name of my uncle's mother(my uncle's wife's mother in law) that is my naniji.And if my uncle's mother names her property to her daughter can then my uncle's wife stake her claim on the property(ie house).
If your naniji is the sole owner of the property then your uncle's ex-wife cannot claim anything, but if the property was also in the name of your mamaji then she can claim on behalf of her daughters. and if your uncles mother, being the only owner, writes her property in her daughters name, your uncle's wife wont have a claim on it.
DeleteFather died in 1978 intestate and left self acquired property to wife and son and daughters(all majors).
ReplyDeleteSon died in 1997 issueless with a wife intestate.
Widow remarried to a foreigner by Hindu rites in 1998 and settled abroad.Claimed her husbands share in a Release document and was settled.
Now mother has died last year.
Advise if the remarried issueless widow of the son can stake a claim in mother`s share of the property.
Please reply
Sir,
ReplyDeleteWe have a strange complication in a family residing home issue. Let me explain u in detail.
My father owns a propety (property is only in his name alone) on his name where we and our grand parents used to stay. On eof our three uncles, was transfered and allowed to stay with us by our grand parents. Now both our grand parents have died and this uncle now claims his share in property. How valid is this demand.Plz suggest.
Sir,
ReplyDeleteMy father died when we were kid.we r 3 sis n one is well settled and another one is widow n m not married yet.......afetr the death of father,, my grandmother(mother's mother) took all of us n we stayed in my maternal house n brought up there consequently left all contact from my paternal family....now my grandmother is no more......maternal family has joint business from which we were getting monthly income......now mummy's brother want to stop that income to us...i want to know legally is there any law which can help my mummy to claim for that joint income??????????????pls reply ...
Sir,
ReplyDeleteMy father died when we were kid.we r 3 sis n one is well settled and another one is widow n m not married yet.......afetr the death of father,, my grandmother(mother's mother) took all of us n we stayed in my maternal house n brought up there consequently left all contact from my paternal family....now my grandmother is no more......maternal family has joint business from which we were getting monthly income......now mummy's brother want to stop that income to us...i want to know legally is there any law which can help my mummy to claim for that joint income??????????????pls reply ...
Dear sir,
ReplyDeleteI want to draw your kind notice towards my problem related to property. On behalf of my grand father, we want your advise that my grand father has 3 sons & 3 daughters out of which uncertainly his younger son (47 yrs)died early this year (his death was not normal & case filed to Police station,Delhi). Now, my grand father want to dispose off his property. we want to know does his 3rd daughter in law(wife of deceased son having 2 daughter, both minors) or her daughters have any right in his property though my grad father built his house with all his money only.Kindly advise.
dear sir,
ReplyDeleteour anchestral property namely lands and houses and the income is only enjoyed by our mother for the past 50 years.she did not give any money or part with any property.we are 2 sisters and four brothers.we dont want to hurt our mother.she should know well that we have needs and may feel better if we get something.we are all above 40 years.we can live decently if we get that.she is the only child .properties are my grandfathr's.we cannot hurt her by word or deed.kindly advise
Hi ...
ReplyDeleteI am married women. i have a younger sister and i don't have any brother. Being elder daughter i have duties to protect my Family. But my huband is against for this.Is their any law which supports this ... Please advice me ... my mail id is hemu12.latha@gmail.com
Hi..
ReplyDeletei am married man. my grandfather have two sons and three daughter. my grandfather died in 1994 and my grandmother also dies in 2011. my grandfather did not make any will. my father bought half property from my uncle in April 2008 with written stamp-paper and uncle also sign paper with responsibility of any signature required and my grandmother as witness. now my aunties want to claim their share. but we bought property from my uncle give money of his share. does my aunties have any right to properties. as my grandfather died in 1994 which laws will implement 1956 or 2005
thank you
please reply at kapil2u4@yahoo.co.in
Houses to rent in Headingley
ReplyDeleteSeveral legal changes in favor of women have taken place since flexibility. such as on equivalent share of kids to residence. Yet equivalent position continues to be hidden. Organization of regulations and providing methods in complying thereto is actually a long attracted out procedure. The government, the legislature, the judiciary, the press and municipal community has to perform their tasks, each in their own areas of proficiency and in a serious manner for the procedure to be quick and effective. The Article opinions the traditional and present position of son's right in dad's residence.
my father and grandmother sold property in 1986, now they have died. are we the daughters married are eligible to have a share in that property??
ReplyDeletemy uncle( he has two brothers and two sisters were born to different mother but father one) was state government employee, with his hard work and loan he brought some land and while constructing he borrowed some amount from his wife's family side, he expired during his working tenure. after a while my aunt also expired they dont have any kids but they treated me as adopted son, but nothing was documented. after my uncle death property details was transfered to my aunt's name, my aunt's last moment my uncles(2 bro and 2 sis) family claimed that there are legal heir. but all the needs to my uncle and aunt was done by my mother (happens to be elder sister), now who has the rights. pl. give us ur comment
ReplyDeletehi sir,
ReplyDeletecan u provide me the information regarding the property of land which was bought and registered in year 1967.and its in between 6 children,3 sons and 3 daughters.out of the 3 daughters one daughters was married after 1985 and other two daughters were married before 1985.So,just provide me the information that this property should be divided among all the 6 childrens or only the sons?.please tell us the procedure.please give your comment.
Hello Sir,
ReplyDeleteI am from Maharashtra,I am married.Now my husband parents has only 2 children that is my husband and only 1 daughter,she is married.
My husband is the only son to them .Also all the property that we have is his father own.So I would like to know do the sister has any share in this property and if yes what it is.how much percent does she has a right in it.pls give me your commects ASAP.
My father expired in 1999 without any will on his property (House). We are four daughters and Five sons. My 2nd elder brother & youngest brother is staying in that house. Except me (youngest Daughter) all are married and settled. I am taking care of my widow mother aged 77 years, in a rented house. I am working for a private concern with less salary. Now I am facing finance problem. My two brothers are refusing to share the property with my mother & legiel heirs of my father without our knowledge they have registered the property in their names in 2005. Please advise us about our rights at this situation.
ReplyDeleteHi,
ReplyDeleteMy father in law passed 3 years back. He had 2 sons and one daughter and theat daughter passed away 2 years back. My fil owns a house worth 1 c and has given dowry of 50 soverings and 10l cash to my sil on and after her marriage. Now can my SIL husband claim a share from the property if so how much share should we lend?
hi,
ReplyDeletea lady have one son and two daughter.she has property which was given by her father.whether she can give property to her daughter without her giving share to her son.
Dear Sir,
ReplyDeleteI have a big doubt like this my bro. bought a land from some other person.That fellow family kept signatures on bond papers on my maa name @ 2007. Now, finally what happened is my bro. wife character is not good why bcz am mentioned like this is her family all think abt properties due to that reason only she married my bro.My bro. married at 2009 till now his wife was not stayed with him .My Bro. built a home in the year 2011 in that Land .Recently my bro. sent a warn letter through lawyer like " if u wont come to my home with in 2 days to this address then i apply for divorce.Immediately her br. drop her in my home . when she came to home at that time my bro. was in guntur. She is in that home with my granny with her son 2years old. She waited to pass 10days then she put a complaint in police station like this my hub send me a warn letter then i came to here, till now he didn't came to home .So, plz file complaint on my granny, my mom and my bro. they r torchering her by placing keroseon and trying to light her etc. she failed a complaint , and also she failed like my granny & bro. have a illegal relation.my bro got very angry on her. Now recently her family members planned to occupy that home and tried to registered on that lady. Already that take some signatures from my graany on white papers like that they r trying to take signatures from my mom also . for that my bro. said to my mom to give complete rights to daughter(me) recently i married.So, my mom kept signatures on bonded papers "am willing to give my daughter for her marriage " . Now, wht she did is " she sent my granny out side from that house and she is staying in that house like owner from 2 months onwards . NOW MY MAA DECISSION IS CORRECT OR NOT . AS A DAUGHTER I HAVE RIGHTS ON MY MAA PROPERTY. " FOR ME ANY CHANCE TO SEND HER OUTSIDE BY TELLING THAT HOUSE ID MINE R NOT" . There is no chance to register that propery documents.Dear Sir, i explained u very clearly abt my problem. So, plz suggest me how to proceed further.
hi sir,my grandfather is living..he has 1 son ,3 daughter.2 daughters were expired..now 1 son and 1 daughter..1 son does not care about my grandma and grandfather from 1999 too till now..my grandmother passed away 3 yr back.my mom only taking care of them..they have 3 property.1 bought from my grandma..other one is agricultural land from inheritance.1.5 cent house..but that house land only my grandfather's inheritance.building was done by my grandma's sister.my grandfather gave to that house to my mom.my grandma's land and other agricultural land gave to my uncle..but now my uncle asking that home from my mom? the house has been registered under my mom name two yrs back..but we dunt have any medical fitness for my grandpa..now he is 83..ll my uncle contest in that home?pls kindly reply..
ReplyDeletePlease help
ReplyDeleteMy husband has bought a flat with the help of his fathers PF money as initial deposit but home loan is paid by my husband. At the time of buying he made father, mother and his brother as co-owners of the property.
Is there any chance for other co-owners to claim property rights if in case my husband denies now to give. can i fight case against other co-owner to give away their share as they have not paid the any money towards home loan and my husband is paying everything.
hhh
DeleteIs there any law in karnatak that says property from forefathers (mother's father) should equally split to grandchildren?
ReplyDeleteYour response is much appreciated and thank you in advance for reading my message.
Please reply for mail id: arungowda26@gmail.com
Sir, I have two brothers and one sister, my sister is married and so she obviously have right in her husbands property. But, she is demanding a share from our fathers property too. Is this legal to have share in both (husbands and fathers) properties. Please help Me.
ReplyDeleteHello sir,
ReplyDeleteMyself vivek n i wud lik to knw d rights of my mother over property of my grandmother(maternal).
Sir before 8 years my grandmaa gone to the god's house. And we r leaving at my grandmothers house since my birth (4/4/1987) n aftr her death my mamaji trfd entire property in his own name wid d legle consent of my mother (without any consideration jst giving orally assurance dat i wil giv 3 rooms to u) bt nw my mamaji threatening to us to vacant d house. Sir neither we hv any other land nor house. So can u let me knw d any provision in our favor
Dear Sir, I jointly own our house with my father on loan from ICICI bank. I have a younger married sister. We bought this property in Oct, 2004. Does my sister have a right in this property? If yes, how could we get it removed? Thanks, Gaurav, New Delhi.
ReplyDeletemy husband took a loan for our house that we are currently staying in. The house is in the name of my husband,mother-in law and my name.My husband has a brother,if something happens to my mother-in law Can the other son also claim for the property. reply
ReplyDeleteDear Sir,
ReplyDeletei am a female and my father is alive. i have one brother only.my father has self created property. can i claim any right in his property from him under any law while he is still alive.i am married.please reply.
Sir,
ReplyDeleteI was married in 1981 and then I gave birth to two baby girls, one in 1983 and the other one in 1984. In 1988, my husband passed away and I was forced to marry my brother-in-law who was much younger than me, approximately 11-12 years younger. I was married to him in the same year, and then I gave birth to a baby girl in 1992 but they wanted a baby boy because of which they started torturing and harassing me due to which I was forced to leave the house in 1998 with my three kids because my husband wanted a divorce so that he can marry someone else and give birth to a baby boy. I never gave him divorce and left that house in order to save my life and of my children too. Since then I have been taking care of my children on my own with a single salary as I am a working woman which has been really tough for me. In 2005, I lost my youngest child due to some illness.
Now, I want my children’s share in the property but he is refusing for that, so what I should do now?
Details:
1. Property is ancestral.
2. Second husband has three kids from his second wife, 1 daughter and two sons.
3. Property has been transferred by my second husband in his name without our consent.
4. I have four sisters-in-law who have refused to take their share during the transfer.
what rights does a Daughter-in-law have regarding property that is in the name of her husband and Mother-in-law built prior to the time that the two were married - In the case of a divorce?
ReplyDeleteDear Sir,
ReplyDeleteMy father-in-law was expired on 3months back. We are having a house in his name he was not register to my husband name. His Mother was stay with us. My husband have 1 elder sister. She is asking the property. please guide me how much we give to her
Dear sir,
ReplyDeletemy grand father having one son & one daughter,arround 2006 he past away, all his property now owned by his son.we asked some property last four year, but he ( my uncle) in not all listening our words,my mother age is arround 58 & married before 1989.kindly guide me how to get property from my uncle.
Dear Sir,
ReplyDeleteMy Grandfather passed in the year 1974, he had 3 sons and 1 daughter. The propery has not been partioned due to disagreement between 3 sons.
Every body got married. They have occupied some acres and cultivating it except daughter.
Elder son sold some piece of lands without getting signature of others. Now younger sons also sold some piece of land to others in same manner.
They got patta in thier name from Taluk office. Is these kind of exercise are valid?
I am grand son (Daughter). Please guide me on following aspects
1. How to advice registrar and Thasildar to stop this kind of exercise
2. How to get property for my mother.
3. How to stop construction house
Thanks in advance.
Sir, my grand paa had 2 son, 3 daughter. one daughter (my mother)has died in 1979.Grnand paa has died in 1997. after g.paa death agriculture land equally shared in mutation within grand mother,2 son and 2 alive daughter in 2003 after that within 2 son legally.Now in 2012 I son of predeceased daughter demands my share. Is I legal heirs? If yes then what will be my share? pl. suggest me, Thanks.
ReplyDeletensyadav66@gmail.com
sir,
ReplyDeletemy father has around 80,00,000 rupees property. i am unmarried and unemployed lady. i have one brother and he loved one girl but he leaved her because of some family problems nd my father behaves cruely with us. my father want to give his property to his own brother and sister. they have married children. is it applicable give us right suggestion.
Sangana,
ReplyDeleteIf the property worth 80,00,000 rupees is from his own income then he can make a will out of that and can give it to anyone he likes, but if it is ancestral then you can claim for your partition.
According to law, if property is ancestral, then it is automatically divided into children and all other family members, whenever a child is born, his/her share is automatically created.
If ancestral property is not divided equally between every member of the family then anyone can claim his/her share by filing a partition suit.
I hope you are clear now, but you are requested to consult a lawyer if you want to file a suit.
Bye
I was always in search of such a useful information you have shared in this blog. This will help me in my working, and i am really thank full to you.
ReplyDeleteProperty lawyers Mumbai
You are most welcome dear.....
DeleteHello I have a question. If only daughter (no siblings) got married against there family (love mariage), is she eligible for claiming her parents property?
ReplyDeleteAgain I would say, if it is an ancestral one then you can claim for your partition, if it is earned by your father or mother on their own then they can give it to anyone they like, you cannot claim.
DeleteNice Post..Thanks for sharing the information..
ReplyDeleteSir, I have purchased a government housing flat by loan. the flat was registerred in my name.I have beared EMI Of loan four years.After four years my father payed the rest of the loan amount(65% of the total amount). As I am allways in out of state for my service so my parents are living in that flat.Now my father did not want to give enter me to that flat. He is telling as he Paid greater amount so this is his house only. He made a report against me to Local Police Station.My Question is ,can he handed over the flat to my sister(married)?.Please note my father forcedly taken the original property paper with him.
ReplyDeleteRana
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ReplyDeleteMy father in law and mother in law died. My wife have two sister and one brother. brother is elder everyone. two sister are unmarried.my brother in law clam the whole proper to self. Please advice me What's I do.. any right of my wife in his father property.
ReplyDeleteArbind,
ReplyDeleteIf your father-in-law's property is self-earned then he could have made the will and could have given his property to anyone he liked, but if it is ancestral then your wife's share is automatically created, she can claim for the same.
Hello Sir,
ReplyDeleteMy Grandfather(Mom's Dad) had died 3 yrs ago and the property was not divided. My grandfather has 3 kids{(1 girl(my Mom) and 2 boys} Does my Mom has equal share on the property along with his brothers?
My Mom got married before 1981 and my Father Expired in 2001.
Please suggest us, as my Mom brothers are yet to divide the property among themselves saying my Mom is not eligible for share....
Regards,
Raju.
Santosh,
ReplyDeletePlease go through the post given to arbind just before yours, I think you will surely get your answer, if not then ask me.
Hi,
DeleteThe above answer is related to Father in laws property, but here it is my Mothers Dad property and came from ancestral, Please suggest....whether my Mom has right in that or not.
Please let me know any details required further to my Questions.
regards,
Santosh.
Santosh,
ReplyDeleteEven if it is the case of father-in-law's property or anyone else's property, daughters' rights are the same in every relation, it doesn't change, you just have to understand the right of a person from all the angles.
In your case, as it is the ancestral property, your mother has the right on her's and can claim for the same.
I suggest you to discuss it with a good lawyer before claiming.
Raju,
ReplyDeleteBefore questioning, please mention the details regarding property for which you need an advice, if it is a self-earned property or ancestral.
In your case I don't think that your father's death has any relation with your mother's property, if it is an ancestral property she can claim her share.
Hi my name is Debyendu kr. roy i leave in orissa bhubaneswar. I had one brother and two sister. I am elder of my all brother and sister. My father(he is no more)didn't divide the property and he died 14 year ago. All the property was watch and used by my younger brother and I didn't take any kind of money from my brother in this 14 year. He leave in west Bengal. Now i want to divide my father's property and my two sister(bought are marred) didn't want to take my village house. so can u help me how the division of my father's property should be don, so that every body (Me, my brother and my two sister's)perfect percentage of this property.(I want to know how much percentage each one will get.) reply to this id of my son it's mrinmoysonu2012@gmail.com no.09583782588
ReplyDeleteHi, I have a confusing situation in my family. My Grandmother (alive) inherited a property from her mother. My grandmother has three children, one son (my father) and two daughters. She has written a will that the property should go to the son (my father). But the daughters are saying that since this is inherited the will is no good and the they have equal claim in the property. Can you please advise if this is correct?
ReplyDeleteDated The 11th Day of January 2013
ReplyDeleteRespected Sir,
Subject : Immediate relief from Case No.64/11 from in the court of ADJ. No2.
Respected Sir,
This is my earnest prayer to you in reference to the above mentioned subject.
That my name is K. Akali Chishi Das from kohima, Nagaland.
That I got married to Late Nabaneet Das from Guwahati, Assam on 24th July 2002 with the consent from both side parents.
That my late husband expired on the 1st of July 2007 and since then my in-laws do not have any intension and interest to support me mentally, emotionally or financially.
That then after rying for years I finally approached the Court of Law to get my rights as a widow and a daughter-in-law of my husband’s family and the case No. being 64/11 for which I am entitled to.
That the case lingered date after date and and after the consent of my in-laws the case was sent to the Mediation Department on the 7th day of December 2012.
That even after the case was sent for mediation my in-laws never turned up and consumed the dates of the mediation and on 12th December 2012 one of my sister-in-law turned up and asked for another date.
That on the date as asked by my sister-in-law no one turned up and just kept on making an excuse that my mother-in-law was hospitalized.
That in the occurance of the hospitalization of my mother-in-law any of the family members can be a representative for the case.
That my sister-in-laws being law professionals humiliated the law and the mediation Center too.
That the W\S filed by my in-laws mentioned thet I had already re-married and that my late husband had already sold his part of his property which bis false and voide.
That it is clearly mentioned as follows :
(NEW DELHI: The Supreme Court has ruled that a widow, even after her remarriage, is legally entitled to get a share of her first husband's inherited property.
This reiteration of the legal provision came from a Bench comprising Justices S B Sinha and V S Sirpurkar while it dismissed a petition by one C Sugathan's heirs, who had challenged a Kerala High Court judgment allowing inheritance rights to their paternal uncle's widow even after her remarriage.)
I have given this line as I would like to bring this to your notice that as accused by my in-laws that I am married but still till date its not the fact.
Therefore I would like to pray to you to kindly help and support me to get instant relief so that I get the security and my share of inheritance of my Late husband’s property.
Your’s sincerely.
K. Akali Chishi Das.
G.D. Apartment, 1st Floor.
Panbazar Guwahati.
ASSAM
8811988685
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Iridia Sector 86 | Iridia Noida
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Dear Sir,
ReplyDeleteWe are five daughters (all married before 1985) and 3 sons for our father & my mother is alive. Myself widow having 2 male children about 30 years, my father has left a property & not made any actions for property for their children & her wife.
One property is still in the name of my father & another property is in the name of my father & their 3 sons.
Now the situation is my 3 brothers are refusing to share the property with our 5 sisters.
So kindly advice what to do on the above subject, I am widow.
thank you
please reply
we are 2brother and 2sister, both elder brothers are government servant and having lots of money, my sister is married but marry is not going well.I am donot want to marry as i am always ill and not doing any service , my dad donot like me and my sister since we are girls, the house in which are staying is of 60 lac , my brother are planning to get it for them they are not willing to give share of the house they are planning to kick me and my mother out of the house and they want to live with there wife's alone please guide me to get the equal share of the house as me and my mother and sister donot have any source of earning please let me know law girl for father property because my dad and brother are making us fool
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Hi,
ReplyDeleteIf father is selling the garmamnatham land to third party by issuing the power( to Broker) and broker made that has plot and sold.
This was happened during the period of 1991 to 1993. Now the theirs grandsons and daughter clamming that its was belong to there property and during the disposal they didn't get then sign from the mothers.
Pls drop you comments
hai sir,
ReplyDeletei am from Bellary, Karnataka.
i and my sister got married in 1998 and 2000 respectively and under the karnataka state amended Hindu succession act 1990 we the sisters are entitled to equal share in the ancestral properties. but our father and brothers entered in a registered partition deed in 2001 without giving share to us or we are not a party to the said partition and also we do not know the said partition deed till we filed suit for partition in the year 2007 and my brothers claiming exception class and taken defense that already partition effected so we do not have rights to claim as per 2005 act so help us
hey,
ReplyDeletethe background is,my grand pa diead leavin 2 sons, my father (the elder) and my uncle. we are one brother and one sister.my father also died long time back leavin my widow mother, me and my brother. 4 years back my brother also died leavin his wiodw wife and a minor son.
now,there was a ancestral property in my brother's name which my brother's wife sold without informing us. and now she has filed a case asking for her share in the anncestral house where still my mother,my uncle and his family is living.i am married and live elsewhere..i want a legal opinion.
Dear Sir,
ReplyDeleteMy father wrote his own earned house on my brother's name without my notification in the year 2009. Now my brother wants to sell it. Father is in stress. As a daughter can i take legal action on my brother. Pls reply.
Dhinesh,
ReplyDeleteRespected sir/madam,
My father has a sister who is married at 1978,has a son and daughter who are welsettled.My grandfather(dad' father) holds a house who passed away recently.We are not settled have lot of loans and my sister has to get married.we are planning to settle by selling(souley depended) that home as my father will retire by may 2013.we requested my father's sister to handover the property to us so that we shall settle without any concerns.but she is very addictive towards money and wanted 50% share of the home.we are not located in that district at present.her husband has passed away and she gets income in the form of rent as she owns two house.she has given police Complain on us that we are forcing her to stepout the house.tat case has been dismissed as we had an video proof which was showed to police.
want can be done in this situation for us to own that land from her?????
reply @ dhinesh.btechit@gmail.com
i dn understand this all wt about,,,,,,,,,,im saying that my mom is alone...now tell me has she the right to owe her fathers land jst like her two brothers,,,,,??,,,,,, i need the answer......
ReplyDeletesunnychakraborty830@yahoo.in
ReplyDelete9851503192................my mom laxmi chakraborty beeen disconnected from my father....now she living in her fathers house,,,,,but her two brothers and even her father dnt want to woe her land right,,,and directly its effecting on me cause i living there too,,,,,now is there any solution,,,,,???sunnychakraborty830@yahoo.in
Deleteheeloo,
ReplyDeleteI have a query my aunty is widow and having 4 children.they were very poor but my grand father donate her some property now problem is this my second ant want that property back becoz on paper that property on her name(second ant),so there is any way to save that property for my first ant.
I have a query. My mother died in 1999. She was the sole owner of a big house and some land. We are 2 brothers and a sister and father is still living with me. Is my father is entitled to have a portion of all properties of my late mother?
ReplyDeleteI recently came across your blog and have been reading along. I thought I would leave my first comment. I don't know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often.
ReplyDeletesend gifts to Pakistan -- Send Birthday gift Pakistan
hello sir
ReplyDeletemy in-lows harasses me very much and they want to give me divorce due to there property deviation they do not show that they want to give me divorce. now i m alone but the house where i live now that house is my father in-low and i want to take property right but they don't want i want to take action against them, pleas give me advice what can i do.
I was married in 1982 and then I gave birth 1 boy, on 1984. In 2001, my husband passed away and I forced to leave my mother in laws house with my children, now he is mental challenged ,, now i come to know that my mother in law gave the property to a charitable trust along with my gold ornaments which i have got on my marriage, i am hopeless, DO I HAVE ANY RIGHT TO THE PROPERTY FULLY OR PARTIALLY, PLEASE HELP
ReplyDeletehi sir my grand father wrote some property of land in the name of my mother...can it be taken by otherrelatives sir....without my mothers concern....
ReplyDeletethe thing here is my grandpa didnt give any sort of written document to my mom....is there any chance to write off on her name......can relatives change my others name and sell it or occupy it sir,,,thanks a lot for spending time to read....c u
my sister was got married in 2009, in 2011 she had given birth to a baby female/ from that time her husband and his mother and his mothers sister and her husband cousin sister are started harrasement to her. right now she is again pregnant and running with 5th month pregnancy, again those persons are started harrasement to my sister, if this time she gives birth to a female baby, her husband and those people are telling,, they will go divorce or he will keep another lady with him illegally, right now she is at my home. how can we solve this problem legally or non legally, please tell me a way how can i solve this problem. and he is harrasing my sister mentlally and physicallly while she is a pregnant, we are afraiding of her, what will happen, please mail me regarding this matter. I am begging you. please. a BROTHER.. MY EMAIL ID IS - sashikumar773@yahoo.in
ReplyDeleteI have purchased all my properties in my wife name with my own earnings. After my wife death will all the properties will be mine or my daughters can claim or not? I want to give my properties to my daughters after my death fearing that if i give before they may not take care of me at my old age. Please advise/comments/suggesstions.
ReplyDeleteif your wife dies before you without making any will , you and your daughters will have equal claim over the property. But in case of a will only the persons mentioned in it will have claim, after the owner's death.
DeleteSir, My dad passed away with out making any will.His mom passed away after two years of his death. Does my fathers siblings have any rights on my dads property since my dad's mother died after my dad.
ReplyDeleteWe are in tight situation. We are trying to sell my dads property for my sisters marriage . Please help .....
my mother passed away in 1999 .after that my father did 2nd marriage .we two brothers from 1st mother & 1 brother and 1 sister from second mother. nowmy father passed away in 2011. my second mother have taken job as well as pension of my father. she have done dowry case on my father for property due to this in all property she was joint partner of my father. no she is giving only 10th part of property to us.and threats us to put other harashment cases.please help...
ReplyDeletegive suggestion please.............
My query is
ReplyDeleteMy grandfather's father bought the property around 1934. I could see some old documents where it has the year. My father applied for patta in 1996. My query is which act will be in place for this property. What about my father's sisters share - no / one-third / equal as my father.
Please advise..
I was married in 1984.I was born in 1965.I have a brother. We have ancestral property.The ancestral property is joined Property and have not partitioned yet..My Father died two months before.My father have two siblings me and my brother.After his Death my brother is telling that my father have given all his ancestral property share to him by a will...but the property is still now undivided and un-partitioned between my uncles.
ReplyDeleteActually my brother don't want give any share to me.He want to cheat me.. Can my Father give his share from the ancestral property to anybody???If he try to cheat me. Is there any legal move be taken?
Thank You i am waiting for your worth able Reply.........
There is an ancestral property. My grandfather and his brother was the only heir. Both of them died 25-30 years ago without making any will or distribution. My grand father had two sons, and his brother had two daughters, one of them is diseased. Now my question is if the other one died, before any distribution, is their son/daughter is eligible for the maternal property any more??
ReplyDeletePlease reply... Thank You
Dear Sir, We Bought a Land in the year 2001 from Banipanda(died on 2007),But the Land was on his Fathers Name(Dharmi Panda) who died on 1997 and Dharmi Panda has two daughters also ,At that Time we were not known regarding the daughters So We bought the land and got it muted on our name(on 2001),We have made a boundery and started construction of Home,
ReplyDeleteBut Now The Two Daughters have suit a case to cancle the sale deed, As they are claiming after 12 yrs and The court has satyed on the construction of our home, Sir Please giv some sollution , if We have any chances or we will loose our land
I was married in 1984.I was born in 1965.I have a brother. We have ancestral property.The ancestral property is joined Property and have not partitioned yet..My Father died two months before.My father have two siblings me and my brother.After his Death my brother is telling that my father have given all his ancestral property share to him by a will...but the property is still now undivided and un-partitioned between my uncles.
ReplyDeleteActually my brother don't want give any share to me.He want to cheat me.. Can my Father give his share from the ancestral property to anybody???If he try to cheat me. Is there any legal move be taken?
Thank You i am waiting for your worth able Reply.........
Reply
Dear Sir,
ReplyDeleteI want to buy a property and the the structre is as follows
Father(owner-Dead)
|
-------------------------------------------------------------
| | | | | | |
Son1 Son2 Son3 Son4 Dau1 Dau2 Dau3
| | | | | | |
Son1 Son1+Dau1 Dau1 Son2 Son1+Dau2 Dau3 Son4
All Son1 to 4 and Dau1 to 3 in first generation is ready to sigh and sell the property
Will there be any problem if Second generation Son=8+Dau4(all grand childers on father) does not sign sale deed or property registration as all are majority.
Thanks and Regards,
Chandra
respected sir,
ReplyDeletei have a query to ask you, my query is
if partition takes place now, whether a daughter can hold equal share as that of a son in case she is married before 1990??
Dear Sir/ Mam,
ReplyDeletei need your advice on following issue
We are 4 sisters & 1 brother all are married. After my marriage my brother took all property from my father emotionally & sometime by threatening him. Is there any provision that we sisters can claim our property right in the court of law? Secondly Is there any Provision in law that without daughters signature property cannot be taken by brother from father OR father cannot give all his property to his son alone or brother cannot sell out the property?
If daughter is unmarried & was harassed by her family member can she put harassment case after her marriage on them? If yes whether she needs witness for it?
Waiting egarly for your feedback
regards
Hello,
ReplyDeleteI need some information on the following issues:
Case: My grandfather died in 1987 and my grand mother died in 1992. They had 7 children, 3 sons and 4 daughters out of 7 children their 2 daughters died unmarried and without any heir. Their elder son died in 1998 leaving behind his wife and one son and 2 daughters.
My parents were youngest son and daughter in law. They died in 2000 leaving behind 2 minor daughters. Now I and my sister has turned major. My father built a house from his own money in Patna on a land that my grandfather bought.
Does my house become a family property?
My grandfather also left an another house and some rural land without any will? what share do we sisters entitled in all these properties?
After our parents death my Uncle (father's brother) was appointed our legal guardian and we were arranged to live with my father's sister. As she was our next door neighbour in 2001.
we were subjected to bad treatment not physically mostly mentally and humiliation while living with my bua. So In 2003 me and my sister left my Bua's house and started living in our own house. we were 16 and 15 then because of this my father brother stopped paying us our father pension. My father was an engineer with the Bihar Govt.
My uncle didn't pay us our pension from 2003 to 2007 till I turned 21 and major. Because of his reckless behaviour we had to start using other money that we inherited by breaking fixed deposits and bonds. Expenditure rose when we shifted to Pune for our graduation. We had to live on the money that was saved for our future, we were only entitled to family pension till the age of 25. so now we have lost our fixed deposits and pension also. My sister was diagnosed with Cancer two years ago and we didn't get any support then also from our uncle. Can we file a case against him for financial harassment from 2003 to 2007? We want to sell our share in the family property but my father's surviving brother and 2 sisters are not giving us our share but my eldest deceased uncle's wife and kids are also willing to sell their share but they also facing resistance from my Uncle . My uncle live in the house where my grandfather lived and practised medicine in Chhapra Bihar. My uncle is also a doctor so he lives in the same house and uses the same clinic. Can we sell our part in these properties and our share in house in Patna without their permission? If yes, then how would we go about it?
I and my sister are facing tough time financially living in Delhi just on our salary. My sister needs constant medical attention every 6 months. I and my sister will be very grateful for your reply.
Regards
What a fabulous post. But the more one reads the more confused one is. Please see the situ recounted below. What would be your interpretation ?
ReplyDeleteCoparcenary right of a daughter who died intestate in 1996 in a self acquired & occupied house of Hindu man who died intestate in 1959?
1. Property of Hindu man who died intestate in 1959 included a house- self acquired- where he lived with wife and 2 married sons.
2. 1 daughter who married in 1941 , died in 1996 had 2 children who claim a 1/4th share in the said house in MH under Hindu succession act . House continues to remain in name of said man, his wife is dead ,both sons still live there with their families. Said daughter never lived in the premises.
3. Do coparcenary rights under HSA amended in 2005 evolve on the heirs of the (by then) deceased daughter ? This is important as Sec 23 is omitted in the Amended Act.
4. Will any clause of MH State law of 1994 apply ?
Swara
Sir, I am the only daughter of my mother with two brothers.My father passed 25 years ago, after my marriage. My mother forced me to convert the house in her name,where she dwelling.In the pond paper she denotes to give some compensation amount,but still she didn't give any amount,and refuse to give me. I couldn't tolerate the cheating. How can I get it now without struggle? Please assist me to solve this problem.
ReplyDeleteDear sir, I already wrote a letter dated on 04/09/2013, but there is no reply. where can I get the reply for this problem.Please send me a reply to ponnusamy1958@hotmail.com.
DeleteThank you,
Yours sincerely,
Ebenezer shyamala
Sir,
ReplyDeleteI have filed for a title suit of my deceased husband. My in laws say that i am not his daughter. The case was filed in 2011. And still the case has not come to any solution. Now its the sister in laws asked to be made parties. And now the suit is under ammendment. How long does it take to settle the matter.
Please help me. Kindly mail me the answer and remedy at 482.vijay@gmail.com
A property owned by my Grandfather.He had 5 sons and 4 daughters. My father is the 1st son of my Grand Father.My Grand father Died without leaving any will.After his death the property was inherited by his 5 sons...His Daughters had leave their right from the property by signing…The property is now in the name of his 5 sons..The property is not partitioned till now..It is a joined property..My father have one daughter (me) and a son who is 9 years younger than me...I was born on 1965..I am married on 1984..My father died on 17th March 2013...After his Death I came to know that my father has given his entire portion of share of the cited property to my younger brother without my concern. But the property is not portioned neither legally nor orally..Can my father give his share only to my brother…The property values 4 cores now…It is in Kolkata(West Bengal,India)..Can I take any type of Legal action?????Please give me some suggestion…….
ReplyDeleteSir, i have a daughter of 4.6yrs and we are living separate from my husband from last 4yrs. he is a drug addict and after my marriage i 5 time tried to treat his addiction from different doctors with the help of my parents. Husband's parents never supported me for his treatment. Many time i caught my mother-in-law supporting him for taking drugs. Now i want to give him divorce. I want to know whether i can claim on their property as all the property is under the name of my father-in-law ?
ReplyDeleteSir, we have got an ancestral land, the land is fertile land which has been given to one company for the development without informing me. I have got the elder brother. He is married & I am also married. My dad claims that it's not an ancestral land but it is his own land. I have got the 7/12 extract that clearly indicates it's an ancestral land. My question is if my dad makes a will & if he mention in that the entire land would be on the name of my elder brother after his death, then also will I get my equal share as per the new law in 2005 or not. please advise because accordingly I have to decide whether to file a suit against them or not. Thanks & Warm regards..... Neha
ReplyDeleteI have a query. sir, i'm a divorcee with a boy child. I got married to the person with two children in that one boy is a retarded one and the lives with his sister with the settlement of 10 lakhs and her mothers jewelry. I now gave birth to this man a girl baby. i have bought a land for 2200sq.ft recently. i want to know who will be the legal heir for this property
ReplyDeleteI was married for five years without any child,because of this my husband start acting very strange at home,coming home lately and not spending time with me any more. and because of this my husband divorce me. So i became very sad and lost in life because my doctor told me there is no way for me to get pregnant this really make life so hard for me and my family.my friend told me about Dr Sango from the Internet,how he has helped people with this similar problem that i am going through so i contacted him and explain to him.he cast a reunite spell to bring back my husband and it was a miracle three days later my husband can back to apologize for all he has done and told me he is fully ready to support me in any thing i want,few month later i got pregnant and gave birth to twins (girls) we are happy with ourselves. Thanks to Dr Sango for saving my relationship and for also saving others too. continue your good work, If you are interested to contact him and testify this blessings like me, the great spell caster email address is:sangospelltemple@gmail.com
ReplyDeletesir my mother has a share in her parental property but my aunt, my mother's brother's wife has illegally taken over the house, what can be done in this case, pls advice.
ReplyDeleteIts such as you learn my thoughts! You seem to grasp so much approximately this, such as you wrote the ebook in it or something. I think that you simply can do with some% to force the massage house a bit, however other than that this is magnificent blog. An excellent read. I will certainly be back.
ReplyDelete"land was in my mothers name as self aquired property,she dead after give berth threegirl child,remarrage to my mothers sister,second wife gave berth to seven child,we three girlchild sold 3/4 land then our father dead, the rest 1/4 land who will be successor,please answar
ReplyDeleteA property sharing between BROTHERS and SISTERS by an act 1956 is re changed in 2005 (2 times).. particularly whats a type of upgrade in 9.9.2005( 2nd upgrade)... In (9.9.2005) any married year in mentioned for dividing property...
ReplyDeleteMy unmarried sister built a house with her hard earned money on a land belonged our father. It was not an ancestral property. My father passed away leaving no will. My mother inherited the land as the wife of my father. When my mother was alive my sister built the house and it was registered in my mother’s name. My mother passed away in 1999 leaving no will. My sister said that the Government of Tamilnadu would take the property since she is unmarried and has no children. Is that true? My sister wanted me and my two other sisters to sign a document settling the property in favor of my two brothers. I signed the document against my will. I do not want my sister to lose her investment. I do not want any share in the property. I honestly hope that my brothers would give the money to my sister when the property gets sold. How can we make sure that my sister does not lose her investment? Please advise.
ReplyDeleteHello Sir,
ReplyDeleteI bought a property in 2004. The property owner (died) has two sons. One son is died. During registration, living son and wife of late son signed the deed. It seems that he has daughters (married) also. If those daughters did not sign in the sale deed then, can there be a problem now? Can they file a case on that property?
Minor grand children (sons' children) should also sign? If not, do they have any rights now (after becoming majors)?
Regards,
Kumar
sir,
ReplyDeletemy brother in laws are not willing to give fare share from my father in laws assets land. there are five brothers and three sisters all are married and staying independently all are doing different jobs .
i want a lawyer service at suitable court
The top valued property is near to hyderabad city and rest approx 100 acres near town Taluka/ mandal Sadashivpet.
Does the girl married before 1985 looses right for equal share from total asset property.
Can the court order for surrender of original title documents of property and take custody till the disposal of case.All the papers are with one brother in law.
please reply immediately on michelguruji@gmail.com
I saw a amazing website where you can get brockage free properties means u can save a lot money by using this website……Freedalal. com is provide you facility of brockage free property….realy its a amazing website…
ReplyDeleteIts a fastest property showing website....
Hi. my grandfather is died 50 years ago & he had not made a will. So my father got my grandfather's room transferred on his name. My aunt who married 40 years ago never asked for a share in a room & she died a year ago. Now her son is asking for a share in a room. Does he entitle to get this share?
ReplyDeleteMy Grandfather has expired in 1992 without executing any will or distribution of our ancestral property leaving my 2 Uncles, My Mom and 2 Aunts as well as my Grand Mother as his legal hires. How does the property shall be divided among all the heirs as per Hindu Law? and how much share I'll be entitle to get being a legal hire of my mother? My uncles had made Development Agreement and left only 6.67% is it correct? and they have also registered the documents. What can i do?
DeleteRegards,
Mrs. Sharmila P. Rajput (Mumbai)
This comment has been removed by the author.
DeleteMy maternal uncle died on 1985 and he has many immovable properties. He has five sons and three daughters. His two sons has already been died. Now in the year April, 2013 his sons claims that he made a WILL for them and there is nothing for his daughter and want probate and made a case under District Delegate Court, Howrah. My question is that after why they asked Probate in the year 2013 after 30 years of death. And his three daughters can get the properties ? The will which his sons shows, is this real or false ? How we know that. His daughters wants the share of property. Please advice at an early date to my E-mail directly.
ReplyDeleteMy maternal uncle died on 1985 and he has many properties. He has five sons and three daughters. His two sons has already been died. Now in the year April, 2013 his sons claims that he made a WILL for them and there is nothing for his daughter and want probate and made a case under District Delegate Court, Howrah. My question is that after why they asked Probate in the year 2013 after 30 years of death. And his three daughters can get the properties ? The will which his sons shows, is this real or false ? How we know that. His daughters wants the share of property. Please advice at an early date to my E-mail directly.
ReplyDeleteThanks for sharing the important views to us.This is really very nice blog.
ReplyDeleteProperty From India
i am married in 1998.i have 12yrs old girl child.i'm have owner of my flat.i'm financially not healthy so flat purchased by my father's money. my husband harrasess mentally and physically he is very crusial with me i'm unsafe so i leave my flat n stay with my father's house. Pls. Sir, let me know how will get back legally my flat? I want to transfer my flat is my father's name ? if he claim on flat should he eligible for partition ?in this circumstances pls. give legally advice to me early date on my email id naynapatel09@gmail.com.
ReplyDelete75-80 year old house in Karnataka town place which is on my grandmothers name, who was expired in April, 2009, Leaving behind 2 sons & one daughter, has two portions of which one is occupied by my mother(i.e. who is daughter-in-law to her & my father is expired in June 2009 ) & other is occupied by my uncles family & my uncle expired in July, 2013. We have only one ant (my father’s sister) who is 65 year old & married in 1960’s, now has a interest in this property as no senieor members in family.
ReplyDeleteMy grandmother has received this property from her mother ( after her death in 1980’s) by partition. She occupied this house long back may be 30-35 years back, but actual partition work started in 2005, between herself & her sister as a legal heirs to their mother. This partition work is carried by her son-in-law i.e. my ants husband who is senior civil lawyer. My grand mother’s sister has sold portion of house in 2007 & sale agreement & registry etc. done by the same lawyer.
My grand mother given this (Partition) work to great lawyer as she has trusted him since he is her son-in-law. But whenever she enquired about the mutation of the portion of house she got from partition, he was always say that the house was not muted on her name & the work is still in process. My grandmother was doubtful as a laywomen she was questioning how come my sister got her portion muted & she sold her portion also, where as her mutation work is still in process.
We also has doubt & hence recently enquired independently in corporation & found that the mutation was done in 2007 only & that time my grand mother was alive. The said lawyer has taken full advantage of the trust my grandmother made on him & cheated her as he knows very well that my grand mother never given him the share in the property. He knows in Jan.,2007 she has distributed her agricultural land to her 2 sons(My father & my Uncle) which was also on her name and the same she was received from her father –in- law.
My mother is not apposing to give 1/3 share in house to my ant but we are very much disappointed the way he has cheated to my grandmother by hiding house mutation papers which consequently leaded her in undeceiving the distribution of her property as per her will. The disappointment is more severe since he is being a senior Lawyer practicing from last 40 years, financially very sound having crores of property & presently a elder figure in family in adviser position.
Looking to above facts Pl. advise what are the steps he will take & how to react /or take further steps to prevent our house(as we came to know that he is planing to sell this house along with my one of cousin broother but how we dont know) & expose him.
Also let us know as the agricultural property (which is more than 75% of total property of my grand mother)is distributed by her in her life time, by giving this referance this house also can be distributed in same way after her death when their is no will/or any documents available.
pls. give legally advice to me early date on my email id kulkarnius2006@yahoo.com
Dea sir, my grandfather has own a property, he has 3 men children and one woman child. Am the son of women child. My grand father died in 1993. My mom got married in may 1985 . If property is splitted how much share my mom will get. Equal share or part share. Pls say....
ReplyDeletedear all,
ReplyDeletemy father is not living with us, and also not ready to give divorse.
my grand pa and chacha are living with us.
one day my chacha told me that we dont have legal right on property of grand pa.
what we can do,
if we demand for divorce then, will we able to claim on grandpa's property.
kindly reply
really a great blog...
ReplyDeleteProperties Ads Listings Portal
My Grandmother & Grandfather Death May Father Death to 2004
ReplyDeleteMy Father & Father one Sister Death
The Property transfer to grandson name
ya property transfer to my Father Sister Child Name
my uncle's relative who adapted property of my uncle illegally by put fake signature
ReplyDeleteof my uncle and his sister that document contains statement of i will give full general right on property .later this matter came my father's knowledge then they were appeal further on high court judge was not satisfy for them them they moved to SC then satisfactory asset was got their family my question what will if this would happen for me in furture?