Daughter share in parents ancestral property
anilkumar
(Querist) 20 January 2016
This query is : Resolved
Dear Sir,
My mother's father (my nana ji) expired in 1976 and my nani ji expired in 2007.As per jamabandi records and fard available on haryana government land record website, my mother alongwith her 2 sisters and 1 brother has share in ancestral property. my mother filed for partition suit in 2014 as her brother dont want to give share to any sister & tehsildar ordered in our favour for partition. Her brother filed appeal in sdm court and there also ordered was passed in our favour in September 2015.
I have recently read on internet that in November 2015 supreme court has ordered that no daughter is eligible for any share in her parents ancestral property if her father has expired before November 2015 so please confirm does that means that my mother will not get anything despite of court order and property appearing in her name on land records.
rajagopal.s
(Expert) 20 January 2016
Hi
The court orders issued to you are valid. Please do not confuse your case with Supreme Court Judgement.
H.M.Patnaik
(Expert) 20 January 2016
Yes, Mr. Raj gopal has rightly advised.
Kumar Doab
(Expert) 20 January 2016
Succession has opened on date of death of owner.
The order has been passed as per prevailing rules.
Take ownership of the property.
Anirudh
(Expert) 20 January 2016
The answer will vary depending upon whether the property is Ancestral or not.
Therefore you have to first indicate about the history of the property i.e. who bought it first and when, who got it subsequently and when and what was his relationship with the first purchaser etc., till the property reached your father's hands.
Without this minimum, it is not possible to give a legally appropriate answer to your query.
anilkumar
(Querist) 21 January 2016
Dear Anirudh Sir,
Property is ancestral.My mother's father (my nana ji) inherited the same from his grandfather.My nana ji expired in 1976 and my nani ji expired in 2007.
As per information available on haryana government land record website, my mother alongwith her sisters and brother has equal share in that property and I have also taken the certified copy of fard from tehsil.
My query is that since tehsildra & sdm has already passed order in our favour and directed for partition, will this supreme court judgement affect us.
Anirudh
(Expert) 21 January 2016
You are oversimplifying the issue, without even knowing what is "Ancestral property". Just because you say it is 'ancestral', the property would not become ancestral.
You say, "My mother's father (my nana ji) inherited the same from his grandfather."
Can you tell in which year he inherited? Whom from he inherited? (When did the person - from whom he inherited - die?
If the property was "Ancestral" and your nanaji died in the year 1976, then as per the Law prevailing then, your mother and her sister would not have got equal share in the property as was given to their brother.
Therefore, if you truly want an appropriate answer, you have to come with clear information.
anilkumar
(Querist) 21 January 2016
Dear Anirudh Sir,
First of all thanks for answering my query.Sir, this is what my mother knows that same is ancestral and since you are expert in your field so technicality we may not be knowing.
But as I said, that as per land records and ceritfied copy obtained from tehsil my mother has equal share in it so please confirm that since it is already mentioned in official record, can same be modified by tehsil by removing my mother's name from the record after supreme court order.tehsildar had passed order in November 2014 and SDM has passed order in Sept-2015 in our favour. So, will this november-2015 judgement be binding on us.
Thanks
Anirudh
(Expert) 21 January 2016
If your mother cannot remember as to when her grandfather died, please excuse me, I can be of no help.
Whether the SC Order has applicability to your case or not will depend upon whether the property in question is ancestral or not.
anilkumar
(Querist) 21 January 2016
Thanks Anirudh Sir.
anilkumar
(Querist) 21 January 2016
Respected Panel members,
My query is very simple whether supreme court judgement will be binding on my mother if share is already coming in her name in land records and can that be revoked back on the basis of this judgement.
kavksatyanarayana
(Expert) 23 January 2016
as per queries and answers above, you have not concerned with the Judgment of the Hon'ble SC.as the court passed orders in sep., 2015 your mother also have right over the property.
anilkumar
(Querist) 24 January 2016
Dear Sir,
I have got all the relevant details as asked by Anirudh Sir. My mother's grandfather's father was employed in indian army during british rule in india.He participated in the world war-2 and due to his bravery, the British empire rewarded him & some more soldiers from his regiment with some land in 1945 in a village which is now in pakistan although he belonged to a village in amritsar.
After partition of country, in lieu of the land which was left out in pakistan, he was alloted land in a village in haryana.So, after his death, the property was inherited by my mother's grandfather and his brother and so on it kept on passing to future generations.
My query is that does that property falls under ancestral property category since it was not purchased but was given as a reward.And will this judgement will affect my mother's claim since her name is already coming in the land records as owner and co-parcener alongwith her sisters and brother.
H.M.Patnaik
(Expert) 24 January 2016
I am glad that the querist almost came up with full facts and hope had his answers too.
As per your posting, the property in question ia anancestral property for your mother and the court orders can be implemented in her favour.
anilkumar
(Querist) 24 January 2016
Dear Patnaik Sir,
Do you mean that my mother will not get anything despite of her name appearing in land record as owner & co-parcener.
