Deprivation of property rights of women
smarty
(Querist) 11 March 2013
This query is : Resolved
Dear Sir,
I am Married Women living in Ghaziabad and my marriage was done in 1984. My father was expired in 1996 and mother was expired in 2012. My parents have left some properties and my brothers have changed the name in properties chain through fraud and the way of 420. But I do not have any evidence to produce the fraud of my brothers. I want to take my share in my parents properties so anybody can suggest me that how can I collect the evidence against the fraud of my brothers so that I can suit a case against my brothers for my properties share.
Advocate M.Bhadra
(Expert) 11 March 2013
You should search the records of Municipality,Revenue Department and also Sub-registrar Office and get certified of copies of these documents.After getting the document you can file a Suit of Declaration and Partition in civil Court where the property is situated.:-------------------------------Section 4 in The Partition Act, 1893
4. Partition suit by transferee of share in dwelling- house.-
(1) Where a share of a dwelling- house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf.
(2) If in any case described in sub- section (1) two or more members of the family being such shareholders severally undertake to buy such share, the Court shall follow the procedure prescribed by sub- section (2) of the last foregoing section.
34
THE
HINDU SUCCESSION ACT
1. What rights have been conferred on females by the amendments in
Hindu Succession Act in the year 2005?
Ans.
The Hindu (Amendment) Act of 2005 has conferred the following rights on
females:
Equal rights to daughter in co-parcenary property:
a) in joint Hindu family governed by Mitakshara law, the daughter of a
co-parcener shall by birth become a co-parcener in her own right in
the same manner as the son and have the same rights in the co-
parcerary property as she would have had if she had been a son,
inclusive of the right to claim by survivorship and shall be subject to
the same liabilities and disabilities in respect thereto as the son;
b) at a partition in such a joint Hindu family the co-parcenary property
shall be so divided as to allot to a daughter the same share as is
allotable to a son:
Provided that the share which a predeceased son or a
predeceased daughter would have got at the partition if he or she
had been alive at the time of the partition, shall be allotted to the
surviving child of such predeceased son or of such predeceased
daughter:
Provided further that the share allotable to the predeceased child of
a predeceased son or of a predeceased daughter, if such child had
been alive at the time of the partition, shall be allotted to the child of
such predeceased child of the predeceased son or of such
predeceased daughter, as the case may be:
c) any property to which a female Hindu becomes entitled by virtue of
the provisions of clause a) shall be held by her with the incidents of
co-parcenary ownership and shall be regarded, notwithstanding
anything contained in this Act or any other law for the time being in
force, as property capable of being dispose.
ajay sethi
(Expert) 11 March 2013
contact a local lawyer . you must be having details of properties standing in name of your parents . check the records of sub registrar . obatin certifed copy of transfers made in respect of said properties . filee suit for declaration and partition
Raj Kumar Makkad
(Expert) 11 March 2013
File a suit for partition at the place wherein such property is situated and let your brothers come with their written statement in that petition wherein you shall get the true picture.
smarty
(Querist) 12 March 2013
Dear Sir,
I have a details that where is property is situated and what is property address But I do not have any evidence to produce in court that my brothers have doing fraud. In one property I have a house tax certified copy in which my mother name is mentioned but another property they have changed my father name and mentioned any other name in property chain. My problem is that I am not understanding that how can I get property chain from registrar Office because I have a property address but I do not have the details like that what is khasra no of property and in which year property was purchased by my father and I have also come to know one thing that one another property is distribute by my brothers through HUF procedure.
prabhakar singh
(Expert) 12 March 2013
YOU SHOULD ENGAGE A PROPERTY/REVENUE LAWYER LOCALLY FOR PROPER GUIDANCE AND HELP.
