Our property share
Querist :
Anonymous
(Querist) 29 August 2011
This query is : Resolved
Dear Sir
In joint family, my grand father have five children’s(3 Male and 2female) , my grand father died in 1978, before my grand father death my grand mother also died in 1975. After my grand father death my father is the first son for our grand father, all property are transfer to my father name directly, without will or gift by my grand father. After this my father share the property with his 3 brother. But not give any thing in property for my father 2 sisters. When my father and his two brother share the property, after that what is my father got his share he gave to my brother by Registration in sub Register office in 2004/2/25. After transfer property to my brother name by registration in subregistar office, my father is died in 2008. (My grand father got this property from my great grand father). Now my question is we are four children for my father one male and three female daughter were married in 1990,1992 and 2000 what is share in the property for daughter.
Thank U
Indira
Bangalore, Karnataka
R.Ramachandran
(Expert) 29 August 2011
I remember you posted this query earlier also and got appropriate answer.
Please confirm.
Querist :
Anonymous
(Querist) 29 August 2011
Dear sir,
I am not post this query earlier, dont mistake me Please answer.
Thank U
R.Ramachandran
(Expert) 29 August 2011
It is not clear from the above facts whether the property was self-acquired property of your grand father or that he got it from his father etc.
Normally, when a self-acquired property of a person (in this case your grandfather) gets inherited by his legal heirs (i.e. your father, his brothers and sisters) it will be their personal property.
However, in the instant case, you say that after the death of your grand father, the property left behind by him was not shared by all his legal heirs but only by the sons. THIS GIVES RISE TO THE ASSUMPTION (though to be confirmed) that the property ought to have been an "ancestral property" in the hands of the grand father and not his self-acquired personal property.
If the property turns out to be "ancestral property", then in February 2004, your father could not have transferred entire thing to your brother since you are also a coparcenar by that time in view of the Karnataka Act 23 of 1994 which came into force w.e.f. 30.7.1994. According to the said Act, the daughters are also coparcenars. However a daughter married prior to 30.7.94 will not be treated as coparcenar. Similarly, if the partition of the ancestral property had taken place prior to 30.7.94 that also cannot be questioned.
In your case, you were not married as on 30.7.1994 and thus has become an eligible coparcenar. Therefore, your father could not have given away all the property to your brother.
Treating the property as "ancestral property", the property would first stand partitioned between your father, you and your brother and each one will get 1/3rd share.
Since your father died without leaving any WILL, his 1/3rd share will go by way of inheritance equally amongst all his legal heirs i.e. your brother and all three sisters. Each one will get 1/3 x 1/4 = 1/12 share.
The ultimate share would be: your brother 1/3 + 1/12 = 5/12
Your share will also be 5/12
Your other two sisters would get 1/12 share each.
HOWEVER, if the property was self-earned property in the hands of your grand father, the same when inherited by your father would remain the personal property of your father, and your father could have given the property to anybody that he wishes (to the exclusion of his sons/daughters). Thus, if he had given his personal property to his son, without giving anything to his daughters, the same cannot be questioned.
Therefore, the main issue that has to be first determined in your case is whether the property was "ancestral" or "personal".
Depending upon the answer to this question, which can be decided based on the facts whether the same was ancestral in the hands of your grand father, your share will get determined. If the property was ancestral you will get 5/12th share. If it was personal property, you will not get anything.
Raj Kumar Makkad
(Expert) 29 August 2011
I completely agree with the advice of ramachandran.
prabhakar singh
(Expert) 29 August 2011
I am also agreement of the opinion expressed by Mr. Ramachandran.
