Rights in ancestral propery
Subramanian
(Querist) 19 September 2011
This query is : Resolved
It's about the Legal entitlement of my wife. She is the First wife daughter, Her father married second wife after the death of first wife. Now Her father also passed away without any WILL. He has two daughters from first wife, Second wife and one daughter from her.
Now the question what is the share ratio of Daughters and Second wife?
All the properties are inherited by her father through a partition deed from her grandfather's brothers. Will this be considered as ancestral property? What is legal rights of second wife as it was not earned by her husband?
R.Ramachandran
(Expert) 19 September 2011
You say "All the properties are inherited by her father through a partition deed from her grandfather's brothers."
Please clarify, how a person can get a property through partition deed FROM GRAND FATHER'S Brothers?
The circumstances in which he got the said properties needs elaboration - only then it will be possible to arrive at a conclusion whether the property is "ancestral" or "personal".
Further, you also have to indicate in which year did he get the properties?
Subramanian
(Querist) 19 September 2011
My Wife's Grandfather passed away when her father was very young and family property was undivided till that time. As her father had two Sisters, Grandfather's brothers decided to include her father's name for her grandfather's share. Hope this clears why partition deed includes includes son's name while sharing among fathers brothers.
Subramanian
(Querist) 19 September 2011
Her father got the properties in the year of 1972. Year when Grandfather passed away is not clear.
First wife passed away in 1984, Second marriage in 1989, He passed away in 1993.His mother (Grandmother of my wife) alive until her son's death and passed away in 1997.
R.Ramachandran
(Expert) 19 September 2011
What does the partition deed says - whether it is "ancestral property"?
Did your wife's father's sisters also got any share in the property at the time of distribution?
When exact year of passing away of grand father is not known, at least indicate whether it was prior to 1956 or thereafter.
You may also have to indicate whether the property in the hands of the grand father was his self-earned or "ancestral"?
Shastri J.K.
(Expert) 19 September 2011
Equal shares-1/5 for each.
Subramanian
(Querist) 19 September 2011
the year of Grandfather's death must be after 1956. Partition deed specifies as ancestral property (Pithurargitha)
My wifes Father's sisters got nothing.
Grandfather didn't buy any property.
Surviving heirs to my Wife's father is 4. Two daughter's from first wife, one daughter from second wife and second wife herself
R.Ramachandran
(Expert) 19 September 2011
One more query, which I forgot to ask you: In which State the property situated?
prabhakar singh
(Expert) 19 September 2011
MEANWHILE I PREFER TO WAIT TILL YOU BRING FACTS DESIRED BY Mr.Ramachandran.
Subramanian
(Querist) 19 September 2011
sir,
It's in Tamilnadu, Tirupur District
R.Ramachandran
(Expert) 19 September 2011
I take it from the facts revealed by you that the property in question is "Ancestral" in character.
The Daughters have been made co-parcenars in the Mitakshara coparcenary property with effect from 25.3.1989.
Your wife's father had died in the year 1993. Till such time no partition of the property had taken place. Thus, the daughters are entitled to their share as coparcenars.
Therefore, upon the death of your wife's father, by operation of Section 6 of the Hindu Succession Act, 1956, the property will stand partitioned. Since there were 4 coparcenars (father, two daughters from the first wife and one daughter from the second wife) the property will first get partitioned equally amongst the coparcenars and each will get 1/4th share.
Since your wife's father died without leaving any will, again by operation of Section 6 of the Hindu Succession Act, 1956, his 1/4th share will go to his legal heirs by way of inheritance. In this case, the legal heirs of the deceased person were his mother, widow, and three daughters.
Thus his 1/4th share will be shared by these 5 legal heirs - each one getting 1/20th.
Thus, each of the daughters will get 1/4th + 1/20th = 6/20th.
The mother of your wife's father will get 1/20th.
Your wife's step mother (i.e. deceased person's second wife) will get 1/20th.
Since your wife's father's mother also died subsequently, her 1/20th share will go by way of inheritance amongst all her legal heirs.
Her legal heirs are: her son(s), daughters and sons/daughters of her pre-deceased son/daughter.
Thus your wife will get some more share out of the 1/20th share left behind by her paternal grand mother also, depending upon the number of legal heirs eligible for a share in the said property.
Subramanian
(Querist) 19 September 2011
Thank you very much for your response, but The second wife claims she entitle for an equal share and still not accepting for partition. First wife's daughters married after father's death by themselves managing with thier income and her father's service benefit share, which was shared equally(her father was a teacher died in service). Keeping that in mind the second wife claims equal share in the properties.
We tried to settle the issue with relatives help. But she doesn't accept anybody mediating the issue and enjoying the property. Can we approach court for partition settlement
Subramanian
(Querist) 19 September 2011
Also legal heirs certificate obtained at the time of her fathers death in December 1993, include all 5 heirs alive then. It includes her Grandmother, all 3 daughters and second wife. Highlighting the inclusion of her name as the equal heir in the Heir certificate issued by revenue department, she claims she equal share holder.
Will this certificate anyway change the rights of ancestral property share ratio explained earlier?
R.Ramachandran
(Expert) 19 September 2011
Even now we also say that she is a legal heir of the deceased husband. There is no quarrel about that.
What is at issue is what is her share in the ancestral property? Her share in the ancestral property is 'NIL'. Only the coparcenars are entitled to a share in it. The legal heir certificate will not in any way alter the position as far as her entitlement (which is 'nil') in the ancestral property is concerned.
But, since her husband who had 1/4th share in the property had died without leaving a will, she being one of his legal heirs is entitled to 1/5th share in it i.e. 1/4 x 1/5 = 1/20th.
It all depends upon your relationships with her and how you want to treat her. If you people so want a suit for partition can be filed and everybody's position can be vindicated.
But, I will not be happy to enter into that decision making process which I consider is quite personal as far as you people are concerned.
Subramanian
(Querist) 20 September 2011
Sir,
Thank you for your response and spending interest in the issue.
In fact we don't want to enter into a legal battle, where the chances for mutual settlement with family elders.
Issue here is the properties are in second wife's control till 1993 and not allowing the first wife's daughters to enjoy.
when we ask for the share she says ok we can equally share among all four.
Let us hope for the best.
Thank you
R.Ramachandran
(Expert) 20 September 2011
Dear Mr. Subramanian,
While I provided you the legal position, when it came to actual action, I refrained for the simple reason that she is a widow; she could not live with her husband for more than 4 years; I cannot fathom her agony. I would have jolly well conceded her request for equal share.
Thanks for updating.
