Daqughters right on property
Susanta Singh
(Querist) 14 November 2015
This query is : Resolved
Sir, I have three daughters all married and well settled and leaving happily with their family, my mother passed away in 1984 and father in 2014 though the property purchased in the name of my mother, did my sisters also have the same rights over the property
Anirudh
(Expert) 14 November 2015
YES, in the absence of any WILL, your sisters are also entitled for equal share in the property left behind by your mother.
Susanta Singh
(Querist) 14 November 2015
but it something else written in the Succession act 2005 am sending the judgement of supreme court
- See more at: http://indianexpress.com/article/india/india-news-india/supreme-court-sets-2005-cut-off-on-women-right-to-ancestral-property/#sthash.p6mID1Ho.dpuf
Susanta Singh
(Querist) 14 November 2015
I had applied for partition in 1994, Now I have already partitioned the property among the four brothers we also got the original land record in each of my brothers name
Anirudh
(Expert) 14 November 2015
What you are citing and quoting has no relevance to your fact situation at all.
Let me repeat and reiterate, your sisters are entitled to equal share.
Susanta Singh
(Querist) 14 November 2015
now the property is not in my mothers name all the property are equally partitioned among we 4 brothers in 1994,
in this case how my sisters will claim in the property?
Susanta Singh
(Querist) 14 November 2015
"The court also held that alienation of ancestral property, including its partition, which may have taken place before December 20, 2004, in accordance with the law applicable at that time, would remain unaffected by the 2005 amendment, and those partitions can no longer be reopened by daughters."
What does this mean?
Anirudh
(Expert) 14 November 2015
Yours is not an ancestral property. Therefore these provisions do not apply to your case.
Susanta Singh
(Querist) 14 November 2015
do the sister will sue for the property shares?
Susanta Singh
(Querist) 14 November 2015
do the sisters have any rights over the property which was in the name of mother and been partitioned now to we four brothers
Susanta Singh
(Querist) 14 November 2015
legally they have not done any claim but they are threatening to claim over property
Susanta Singh
(Querist) 14 November 2015
Is it possible that they will claim and take the shares from property
Kumar Doab
(Expert) 14 November 2015
The property was owned by your mother and your sisters have equal share in it.
Avoid bitterness and share equally with all sisters.
V R SHROFF
(Expert) 14 November 2015
mutual settlement is best way out..
