Girls rights on ancestors property
Manikam
(Querist) 22 June 2009
This query is : Resolved
Hi ,
I am manikam from chennai,In regards to my earlier queries.
Do the girls has the rights to claims an ancestors property ,which was executed as a settlement deed dated on 1962 by father in favour of their girls and the same was rewoked and executed as a partition deed dated 1966 in favours of their sons .
Can the settlement executed in favours of girls be revoked if the property is an ancestors property ?(not their father's self earned property )
Do the girls have any rights to claims such property.
sanjeev murthy desai
(Expert) 22 June 2009
Please Clarify.
1. Who are all the parties in the Settlement Deed?
2. How settlement deed cancelled/ revoked? is there any fresh revoke deed is there or not?
3. That girls are married or not?
4. In that partition said girls joined as the parties or not.
As per hindu succession act,2005 all girls has the equal rights in their ancestaral property but this amendment act does not invalidated any disposation/ alienation including partition which had taken place before 20th day of december 2004.
sanjeev desai
A V Vishal
(Expert) 22 June 2009
Already answered Mr Manikam. How much ever you enquire about the same point there will be no change since law does not change every month.
Manikam
(Querist) 24 June 2009
Hi
Vishal thank you for your reply,
it was not the same query that i asked before.
You had said that settlement deed cannot be revocable/cancel if its their father's self earned property.
can it be revoked if it's an ancestors property.
A V Vishal
(Expert) 24 June 2009
IF THE SETTLEMENT DEED IS UNREGISTERED THEN IT CAN BE. FURTHER, THEY CANNOT CLAIM SHARE IF IT IS AN ANSECTRAL PROPERTY
sanjeev murthy desai
(Expert) 25 June 2009
As per that unregistered settlement deed that properties already allotted to the paries and that parties are already in peacefull possession and that setllement confirm their title in that allotted properties. In that circumstances parties should be cancelled that document through the jurisdictional court and the said parties also should be agree for that cancellation otherwise its not possible.
Uma parameswaran
(Expert) 25 June 2009
Daughters have same right with the Son.A WILL or a settlement deed never deprive their right to claim ancestral property.
Manikam
(Querist) 06 June 2011
Hi Greetings to everyone ,
With regards to the above matter , i would like to know the below query.
1) A registered settlement deed that was executed by girl's father during his life time (1964)was never acted upon by the settle till now .
And the brother's of the girl are enjoying the property and the brothers are not the settle.
Can the above said property be claimed by the girls from her brothers ? as the girls have never enjoyed the said property .
R.Ramachandran
(Expert) 06 June 2011
Dear Mr. Manikam,
1. Can you please paste the settlement deed here so that one can clearly understand its contents and then opine properly?
2. When did the girls attained majority (age)?
3. When you say that the registered settlement deed was not acted upon, what is the basis on which you say so?
Manikam
(Querist) 06 June 2011
Thank you for your kind reply.
1) The said settlement deed had written in Tamil script . i will be translating soon into English and post you.
2) The girl attended major in the year of 1966 .
3) Was not acted upon refers to the following :
a)The girls got married and settled in different locality and they never been in the said property.
b) After the expiration of their parents in 1997. She tried to claim the property in the year 1999 but their brother denied to handover the settlement property.
So ,She filled a suit against her brother in the year 1999
And the said suit was dismissed by Chennai Fast tract court in 2009 under the limitation act saying the girls was never been in the property and it was never challenged since the settlement was executed 1962.
R.Ramachandran
(Expert) 06 June 2011
You need not translate into English. I understand Tamil. Please attached the scanned copy. That will do.
