Daughter's rights on her father's property
Rajendra
(Querist) 09 February 2015
This query is : Resolved
Dear sir/ Madam ,
My great grand father has one daughter and 4 sons. My father is one of the son to my grand mother. she died 20 years ago. Till now ( from past 10 years) we are residenting in place which was given by my great grand father to my grand mother orally. now suddenly one of my uncle ( grand son of my great grand father) quarrel with my father for vacating the place immediately. Now my father is planning to file a suit against him. Is my father get any rights on my great grand father's property?? My uncle said that my father wouldn't get any right on my great grand father's property as he is son of my grand mother(lady). Now we are in trouble because we dont have any documents .But we are in possession in same place about 10 years. In revenue fair adagals also 4 son's ( great grand father's sons ) names are available but my grand mother's name is not there. MY uncle had only Fair adagal (RSR) copy no registration document is available with him. 1.Pleas explain me the rights of a daughter on his father's property ?? 2. will my father get any right on my great grand father's property? ? 3.If we file a suit against my uncle will we get property rights? ? 4. is revenue fair adagal (RSR) copy will give full rights on property pls explain.
Thanks
sekar
Anirudh
(Expert) 10 February 2015
Dear Rajendra,
You have to give some details like -
(i) When did your great-grand father die?
(ii) Whether the property was purchased by him or he got it from his father etc.
Only after coming to know the above information, it will be possible to give a view to your query.
Guest
(Expert) 10 February 2015
Better Consult your Local Good Advocate for the Real Status.
Rajendra K Goyal
(Expert) 10 February 2015
Author,
In addition to the questions from expert Anirudh ji please clarify position in view of the statement "as he is son of my grand mother(lady).
Rajendra
(Querist) 10 February 2015
My Great grand father--my grand mother-- my father
opponent:-
My great grand father-- 3 grand fathers-- my uncle ( quarrel with my father)
Rajendra
(Querist) 10 February 2015
My great grand father came from antoher place and settled here. He didn't purchase the land from any one. In 1966 re survey was happend by govt. And my great grand father's sons names are entered at that time.
My great grand father died before my grand mother's death.
Is RSR(fair adangal ) copy will give full rights for owner ship to a land???
P. Venu
(Expert) 10 February 2015
Is this a real problem? You had raised a different issue pertaining to your grandmother's property in the Forum.
Anirudh
(Expert) 10 February 2015
From the particulars given by you, it is quite clear that the property is not 'ancestral' and it was the private property of your great-grand father.
Since your grand mother was one of the legal heirs of your great grand father, she is also entitled to equal share along with her four brothers.
Based on that right, your father who is the son of your grand mother, and grandson of your great grand father can seek the share which rightfully and legally due to your grandmother.
Since you are in possession, nobody can ask you to vacate the property. Please do not vacate. You need not have any papers in your possession. But you have to fight on the basis of legal right to inherit by your grandmother from her father, and then by your father from his mother.
Guest
(Expert) 10 February 2015
When some one advises you that too in particular matters you should be more cautious who are they and what are they and what is their real identity etc.Dealing with strangers with out identity and discussing may put you in trouble for which no one can take responsiblity.You are Warned.
Guest
(Expert) 10 February 2015
Mr Or Mrs Or Miss Anirudh Do Not have any Identity and the Author is Warned while Dealing or Discussing about his Daughter's Case.N.J.S.Rajkumar District Secretayy All India Dr.B.R.Amdedkar Advoctes Association,Chennai High Court.
Rajendra K Goyal
(Expert) 11 February 2015
Agree with the advise of expert Anirudh.
T. Kalaiselvan, Advocate
(Expert) 12 February 2015
I think I may have to respectfully disagree to a certain extent to expert Mr. Anirudh's opinion here. In my opinion, as per author's contents in his last post which is reproduced below:
"My great grand father came from antoher place and settled here. He didn't purchase the land from any one. In 1966 re survey was happend by govt. And my great grand father's sons names are entered at that time. "
it appears that the property occupied by great grandfather, during 1966, upon re-survey, the properties were duly transferred on the names of his sons or his sons names alone were recorded in the revenue records, therefore the said revenue records alone constitute the title documents in the absence of any other registered title document related to the property. This indicates that the properties exclusively belong to the sons of great grandfather alone and the author's grandmother is left with no rights in the property. Thus the author's father may not have a right to claim a share in the property though he is squatting in the property on some basis.
This is my opinion, correct me if I am wrong.
Rajendra
(Querist) 12 February 2015
I heard that, in sep 2005 hindu law was amended as daughter has equal rights on her parent's ancestral property if her parents are live and she has equal rights on self aquired property if parents died. In that manner my grand mother will get equal rights on her father's self aquired property. Is this point usefull for me to proceed legally? ?
Pls explain.
