Share in ancestral property
Manjunatha
(Querist) 27 February 2013
This query is : Resolved
Sir,
My father has got 5 elder sisters. out of them one them is passed away. 15 days back my father got expired. He had inherited all his ancestral property and has developed it since. And also sold some of the property. Out of the 3 sisters alive 2 of them now wants a share in their ancestral property.Till my father was alive they never asked for it. If they want the share, is it a valid claim? Is there a legal option to fight them.
Thanks & Regards.
Nadeem Qureshi
(Expert) 27 February 2013
Dear Querist
they have legalally share holder in ancestral property, so the claim for the share is valid and settle the matter amicable out of the court. if possible
Rajeev Kumar
(Expert) 27 February 2013
They are legal heirs of ancestral property and they have equal share in ancestral property and their claim is valid. So settle the dispute amicably out of court.
Anirudh
(Expert) 27 February 2013
Dear Manjunatha,
First and foremost one has to be really sure that the property in question is "Ancestral".
In my experience I can definitely say that most of the people do not have a clear idea about "ancestral property". Each has his own understanding, which is not legally correct.
Therefore, you have to indicate on what basis you say that the property is "Ancestral"?
Only after confirming that the property is "ancestral" further views could be given.
Shashikant V. Patil
(Expert) 28 February 2013
If the property is "Ancestral" then as per amendment of 2005, in HSA 1956, now female coparcerners are having equal rights in the fathers property after succession after his death.
Manjunatha
(Querist) 28 February 2013
Dear Anirudh & Shashi,
Immoveable property was transferred and got registered in my father's name in 1967 on passing away of my grandfather and all the daughters were got married and are living separately almost since 1945. Does sec 6 of HSA amendment act, 2005,applicable for this case. Please advice.
Thanks in advance
Raj Kumar Makkad
(Expert) 02 March 2013
HSA 2005 is not restrospective rather this is applicable prosectively so this is not applicable in your case.
Anirudh
(Expert) 02 March 2013
Dear Mr. Manjunatha,
Please tell how your grand father got that property?
In which year he got that property?
Whether your father was born before 1956?
prabhakar singh
(Expert) 02 March 2013
You do need to answer queries raised by Mr.Anirudh.
Manjunatha
(Querist) 03 March 2013
Dear Anirudh,
here are the information for queries:
1. My grandfather got it from his father which was self acquired by him in 1896.
2. Not sure which year he got it from his father.
3. My father was born in the year 1939 and he got this property from my grandfather in 1968 by relinquishment 3-4 years prior to his demise. Since than my father is is possession of the property and paying all the taxes.
Let me know whether they still can claim the share. Mr. Rajkumar Makkad above said HSA amendment is not retrospective.
Kindly advice.
Thanks
Anirudh
(Expert) 03 March 2013
Dear Mr. Manjunatha,
In the facts revealed by you, as the property was got by your grandfather from his father prior to the year 1956 - the property in his hands was "ANCESTRAL" qua his son (i.e. your father).
Therefore, when your grand father died your father being the sole surviving coparcenar got the entire property to the exclusion of others.
Since the property stood devolved on your father in the year 1968 itself, none of his sisters or their children can claim any share in the same.
BUT, PLEASE NOTE, IF YOU HAVE SISTERS, THEY WILL BE ENTITLED TO EQUAL SHARE IN THE PROPERTIES LEFT BEHIND BY YOUR FATHER.
Manjunatha
(Querist) 03 March 2013
Dear Mr.Anirudh,
Thanks a lot for your help. I just need clarification on one more point. We are not able to find the relinquishment deed copy in taluk office which was done by grandfather in 1968. But the tashildar has written on MR copy and on register of rights that relinquishment has been accepted. Is that sufficient for us to prove that valid relinquishment has be carried out. Please advice.
Thanks in advance
