Could Daughter get share in her Father's Property along with brothers?
Subbu
(Querist) 09 July 2011
This query is : Resolved
My Grand father has 6 sons, 2 daughters. They are HUF category. My mother is the youngest (8th)one. My grand father was passed away in 1980's. He has not registered (intestate) a piece of land ('234 gadulu in telugu' - i do not know exact conversion to sq. yards)to any of his kids before his departure. The remaining properties (riparian agriculture lands, houses, sites, cash and gold)were shared by all among brothers only. They have not given anything to daughters. Now, his younger girl child (8th one) realized that only one piece of land is available and which was not registered at the time of his death. But they wanted her to sign papers as they're planning to sell it to real estate construction society to build an apartment complex in that site. Can she move to legal society for help or move to court? Is she eligible for any kind of share in this last bit of her father's property.
She came to know that their brothers kids' who are in police department, had created some fictitious land documents with old dates before her father's death (2-3 months ahead of his expiry) period from registration and stamps department. They got it registered by bribing those stamps and registered guys with old dates. They claim, now, that her father had registered the site on 6 brothers before his death. So she would not get any share from this piece of land. They were countering her that she will not get any share of property with back dated registered copies on each one's name. How to prove that those registration papers are fabricated, fictitious and how to prove their registration validity is not genuine. How to prove that there was no registration before his death. Shall we go adjacent piece of lands to that site and check whether it is registered at old dates? What is the criteria to prove that the registration is not valid in court of law and she enjoys her share of property in this scenario? Could you please advise us?
Or should we prove that if it is registered with old dates, are these 6 fellows are paying the tax from those said dates onwards at concerned section such as municipality or panchayat? What basis can we prove that registration is invalid?
As this disputed sight is located at Ongole limits, but the girl child (8th) resides at Hyderabad. Can she approach Hyderabased High Court Legal Affairs in this kind or She ONLY can attend Ongole based courts rather than at hyderabad? IS there any possibility to file a case at Hyderabad based court instead of traveling all the way to Ongole? No longer she lives at Ongole as she is moved to Hyderabad and is a dependent on one of her child at this senior age. Please advise her. Many Thanks, Sincerely, BhagyaLakshmi
adv. rajeev ( rajoo )
(Expert) 09 July 2011
In view of the amended hindu succession act sec 8, being a co-parcener your sisters can claim their share in the father's share in the ancestral properties.
Raj Kumar Makkad
(Expert) 09 July 2011
Mr. Rajoo! Matter is not so simple as you simply replied it.
Your maternal grand father expired in the year 1980s so no question arises to get implemented amended law of 2005 in this case.
If the properties left by your maternal grandfather were ancestral then your mother is entitled to only right to maintenance means 1/72 share irrespective of the fact that some fradulant or genuine documents were prepared during the life time of your grandfather. If any of the documents were prepared, those can be got set aside as ancestral property gives right to every coparcener including female to inherit its share.
If the properties were self acquired and you suspect that some fradulant document were prepared by you maternal uncles then you have to prove frauds based upon facts and circumstances prevailing at that time instead of disputing about deposit of subsequent taxes etc. You are not concerned with taxes rather of your right allegedly snatched by way of documents prepared. So challenge those documents on all available grounds keeping in view the fact that almost 30 years have elapsed and your mother kept silence.
The trial of civil suit shall go on where the property is situated and the case cannot be lodged before Hydrabad High Court, however, your mother being senior citizen, can pray to HC at some later stage o transfer the case there. There are least possibilities of such transfer. Your mother can provide GPA in favour of you or any other person to deal with her case, if filed.
prabhakar singh
(Expert) 09 July 2011
Expert : raj kumar makkad has rightly opined
Subbu
(Querist) 09 July 2011
The property was earned solely by my maternal grand father while he is in office. It had not come from, as a succession, my great grandfathers. -----(1)
I truly believe that registration documents are fradulent and can prove even prove that in the court of law. The registration was done a couple of months ago, with old dates some wherein february-march, 1980. Yes, I will not harp around taxes and other such material evidence required for that piece of land. --------(2)
Yes, my mother is mum all these long years, would be a drawback on her case but she is helpless as her situation was forced to claim for her share in that last piece of land. (on personal grounds, she can defend that point with evidence). -----(3)
Got it about the compulsory situation of moving to your choice of court. Prepared to attend at hometown place. ----(4)
Let me talk to someone who is good at civil cases at Ongole. But i realized she has to fight for 4-6 years to obtain what is entitled for her in this piece of land from your observations. ----(5)
Your advice we'll consider in transfering GPA to one of us who is based at hyderabad in our family.---------(6)
I sincerely thank you for your expertise comments and throwing light on various facets of this suit. We are new to this legal jargon but really appreciate all your efforts and helping attitude to our citizens. With Warm Regards, Bhagyalakshmi, BL
PS: Although supereme court recently passed an advocate can practice any court of law, in the country, irrespective of the bar association where he was registered or enroled at the begining of his practice. This is a great milestone in the law modernization. Similarly, the highest body should also think in transfering or appealing or moving the court to any part of the concerned state rather than specific to the one location. (as like Hyderabad -- Ongole). This kind of facility will pave revolution in the Indian Judiciary system which is already making strides towards tech-savvy mode on online front.
