Property share 2012
Querist :
Anonymous
(Querist) 25 January 2012
This query is : Resolved
Dear Experts,
I am kanika from Bangalore. I got marriage in 1998 by intercast marriage , and also I am government employee, my father has a above 15 acre of land in his name before 2005, this land my father got by joint family property share. My father brothers also got share in this lands when my father got share. In 9/6/2004 my father gave all property to my brother name by Registration deed. When my father decide to give all property to my brother, as a daughter I ask to my father to my share. But my father refuge to gave my share in property and he says you don’t have any rights in property ?Now I understand the property rights for daughter reading some news and articles.
Now my question is,
1.I have property rights in Karnataka or not?
2.We are four daughter and one son for my father, another three daughter were married in 1977,1984,1989 and son was married in 1993. How much share we have all daughters?
3.I got married by intercast person, this will create any problem for my share in property, if I going to approach court?
4.If I decide to approach court alone, it is possible or not ?
5.I am a govt employee, I want to file the suit for share , this will any problem for my govt job?
6.My father passed away in 2008. When my father passed away in 2008, my brother sold some part of the property, this will get back or not?
7.When my father passed away in 2008, after that daughter were loose the property rights are not?
Please give me good advise.
Kanika
Raj Kumar Makkad
(Expert) 25 January 2012
You have not provided certain important details which are very important to reply your questions. You should provide details as under:
1. whether you father is alive or not?
2. If expired, then when?
3. Whether your grand ma is alive or expired?
4. How did you father got the property?
5. Who was original owner of the property and that how that property came to your father?
6.
prabhakar singh
(Expert) 26 January 2012
Yes!
you need to reply questions asked by Mr. Makkad.
I wish Mr.Ramachandran also join the query as in the body of query questioner has revealed her name.
Author you also need to tell what kind of registered deed dated 9/6/04 is???Sale? Gift
or What??
Advocate. Arunagiri
(Expert) 26 January 2012
Mr.Ramachandran,
you may accept the invitation of Mr.Singh.
M/s. Y-not legal services
(Expert) 27 January 2012
am waiting for ramachandran sir's arrival..
also i know if he came mean i dont have place for any more answer..
-tom-
R.Ramachandran
(Expert) 27 January 2012
Dear All,
I had already seen this query on 25th itself and had decided to answer since the querist had already revealed her name. But, since I was otherwise pre-occupied I did not answer it earlier.
Mr. Makkad,
Answer to your query No. 1 and 2: The querist has stated that her father died in the year 2008.
Query No.4 - How did your father get the property - the querist has indicated that he got it as his share from the joint family property.
As for the answers to the Questions of Kanika:
1. If the father had received the property as his share from the 'joint family property' (correctness of which needs to be legally confirmed), then Kanika is entitled to her share as an equal coparcener as her brother, in terms of Karnataka Amendment Act, 1994 - which came into effect with effect from 30.7.1994.
Since Kanika got married only in the, year 1998 she will get the benefit of the status of coparcenary by virtue of the Karnataka Act.
As such, the father could not have given the entire property to his son, without giving the 1/3rd share to Kanika. (The other daughters, not being coparceners at the relevant point of time, having been married much earlier to the coming into force of the Karnataka Act, are not entitled to any share in the property.)
3. The intercast marriage will have no effect on the rights of Kanika to get her 1/3rd share in the property.
4. Kanika can definitely approach the court alone. It is possible. In fact, she alone has to approach the court. There is nobody else, who is/are aggrievd and therefore Kanika alone, can approach the court. Apart from your brother, you have to make the other person(s) to whom your brother had sold the property(ies) also a party to the suit.
5. Filing a suit in a court of law to claim one's right will in no way affect either the govt. job. Going to court will not create any problem for your govt job.
6. By filing the suit, you will definitely get your 1/3rd share - which is 5 acres. But so long as the property which had been sold falls within the share of your brother 2/3rd i.e. 1/3rd his share and 1/3rd of father), then probably tht will be accounted against your brother's share and to that extent the sold property may not come back. (In fact you will not bother whether it comes back or not, so long as you get your 1/3rd share.)
7. Since, your father had already transferred the entire property to your brother (impliedly he has given away his 1/3rd share to his son). Therefore, after his death, there is no share of the property which stands in the name of your father. Therefore, the other daughters cannot get any share, which normally one gets in case the deceased person had left any property without leaving any WILL. In this case, your father had already disposed of his share in the property in favour of his son.
Querist :
Anonymous
(Querist) 31 January 2012
Dear sir,
Thank u for giving good details,again with your contact What about my mother, she is still alive,i frogot this before and she also have 1 acer of land in her name, purchasing by our family fund in 1996,but my mother is staying with my brother, if any possibality is there this 1 acer of land getting share beween son daughter,
Kanika
