Rights of married women on the property of her father
angel
(Querist) 23 August 2012
This query is : Resolved
My great grand father had quite a good deal of property in his name. after his death and after a lot of discussions and negotiations his sons and daughters (my grandfather and his brothers and sisters) agreed to divide it. Which I believe in legal parlance means partition. In the process, my grandfather, his brothers and sisters and all their children were asked to come to a particular office and sign a record along with their photographs. I am not aware of what record and before whom it was signed. So my grandfather and my uncle were a part of this. But my mother was kept out of this whole process while all the others which includes my grandfather his brothers and sisters and their children were involved in the process.
Now the property was divided and the property which came to my grandfathers share was jointly held by my grandfather and my uncle. Later my uncle even got a Power of Attorney from my grandfather. As of now he has also sold few properties without even informing my mother.
My queries are as follows:
1) Does my mother have any legal right with respect to the property in the entire scenario as stated above?
2) In case yes, is there any remedy as on date?
3) I have heard that after partition the property would become my grandfather's what is legally called self acquired property over which my mother or any children for that matter have any right. It is the sole discretion of my grandfather as to how he intends to dispose the property. Is this true?
4) Any idea as to the whole process where my grandfather and all his brothers, sisters and all their children were asked to attend a particular office and sign a record? What could be the relevance of this procedure?
Adv.R.P.Chugh
(Expert) 23 August 2012
1. In case there has been no registered partition deed or court partition before 20/12/2004 - then your mother has an equal right in ancestral property as a son.
2. SUit for partition coupled with stay or setting aside of alienations already made.
3. You've heard it wrong. Property acquired after partition is ancestral qua a person's own children, and seperate only with respect to siblings etc.
4. If it is a registered partition deed that has already been culminated - we won't be able to challenge it. However if the grandfather is still holding some property about which he leaves no will etc. That would go by succession at time of his death with mother getting an equal share.
Good Luck !
