Is women who got married earlier of 1985 hav property right.?
chinna
(Querist) 20 January 2012
This query is : Resolved
we have our grandfathers property. He died in his earlier days. And my father also expired two years ago. Now we had disputes in our family. Actually my father have 3 sisters.And now if we divide that property will my auntys also have right on that property ?? And one more all of the three got married before 1985. As someone had told that ladies wont have right in ancestors property if they got married before 1985. Is this right.??? Do they have right.??
Raj Kumar Makkad
(Expert) 21 January 2012
You shall have to disclose first the year of death of your grand father and the source of the property means whether it was self acquired property of your grand father or ancestral.
After obtaining the reply from your side, definitely answer to your query can be given.
prabhakar singh
(Expert) 21 January 2012
Yes ! you need to reply to inquiry by Mr. Makkad and also tell the state in which the properties are situated.
M V Gupta
(Expert) 22 January 2012
Also clarify whether ur grand father died intestate or executed a will during his life time and if so the contents thereof. As a general information it may be stated that as per Hindu Succession Act even daughters have a right to share in the ancestral properties.
Sankaranarayanan
(Expert) 23 January 2012
Yes need more details about ur GF ' death
Jai Karan Nagwan
(Expert) 23 January 2012
Hi the day your grand father died intestate, property in question partitioned notionally in law. Your father's sister has full right over the proerty under section 14 and latter on amendment of section 6 brought your father sister in the category of copacener under Mitakshra law. However if you belong to the state where law of dayabhaga applicable, your father sister will be entitle for property right. In any condition your aunt are entitled for share in the property.
chinna
(Querist) 23 January 2012
My grand father died in the year 1985.And i m belonging to Andhra pradesh state.Its our ancestor property only. It is not his self-owned. I want to know the section 14 of property, what does it mean actually.?? Does my fathers sisters have right on that property.??As my aunties got married before 1985. Thank you for your reply.
M V Gupta
(Expert) 30 January 2012
Dear Mr. Chinna, As per the HS Act,1956 as in force in 1985 even married daughters had right over the ancestral property. They had equal share along with sons. Marriage does not disqualify them from succeding to the ancestral property along with their brothers(i.e., sons of the grand father).Section 14 of the HS Act provides that any peoperty acquired by Hindu female will be her absolute property. This provision overrides the earlier provisions of law conferring on women only life estates.
