My rights
Mathew
(Querist) 05 April 2014
This query is : Resolved
me 58 years christian lady from kottayam kerala.My arranged marriage took place in May 1979.Prior to my marriage in March 1979 my father(only son) took away all assets from my grandfather by a regd gift deed which involve my gradfather's plus greatgrandfathers' acquired asset. my father not acquired any property in his whole life except he handled my grandfather and great grandfathers' acquired assets. In 1994, wmy parents and my other 3 brothers divided all property/ ancestoral assets without giving any share to me. I was never informed partition. My mother is alive but helpless.I asked my share and they are not ready to
give anything. i have not got any share from my family. Can anyone advise me to claim my right over my family property.I am in great difficulty. My husband is old and sick and having one son and unmarried daughter. We do not possess any house or property.
Dr J C Vashista
(Expert) 05 April 2014
There are number of issues involved in your query, putting all togather in one thread becomes complicated and difficult to analyse and advise.However, answer to few of them is as under:
1. After acceptance of gift from your grandfather the property became self-acquired in the hands of your father.
2. The self-acquired property of your father can be disposed of by him as he desire, if intestate, you have a share.
3. If your father do not have any other self-acquired or ancestral property, which property has been partitioned by our father amongst his 3 brothers?
Consult/engage a local lawyer
RAJU O.F.,
(Expert) 05 April 2014
You are entitled for a share in property. Please engage an expert lawyer conversant with property matters and proceed legally.
Rajendra K Goyal
(Expert) 05 April 2014
Consult a local lawyer and show him all the documents.
ajay sethi
(Expert) 05 April 2014
would you be in a position to fight long legal battle where results are uncertian .
once gift deed has been executed by your grand father in favour of your father for his self acquired property he would be absolute owner of said property . he can dispose it as he pleases .
P. Venu
(Expert) 05 April 2014
You seem to have a good case, based on the decision in the Mary Roy's case. The partition could be reopened and you can get your share.
T. Kalaiselvan, Advocate
(Expert) 05 April 2014
You are entitled to a legitimate share in your father's intestate property, provided the property acquired by your father as a gift from his father has been left intestate upon your father's death. If the property was shared among three sons during the lifetime of your father, then you do not have any case to claim your share through a partition suit. If other wise, u/s 37 of Indian Succession Act, 1925, you are entitled to a legitimate share in the property. Mary Roy case as referred by expert Mr Venu above is a historic judgment and best available example for such cases. It has been opined that the silent section of Christian women trapped in a patriarchal disorder Mary Roy case is their voice and conscience keeper.
The provisions of section 37 of Indian Succession act, 1925 are:
Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.
You may contact a local advocate and file a partition suit, let the court decide about your entitlement.
