Hindu succession act
Querist :
Anonymous
(Querist) 16 December 2018
This query is : Resolved
Sir
Could you clarify the following
According Hindu Succession (Tamil Nadu Amendment) Act, 1989
If Mr.Sundaram acquired some property by his own earning & some peoperty through inheritance and he died in 1995 without making any written will or partitition and he has 2 daughters & 2 sons but he orally made arrangesments to the sons and handedover the titledeeds to the sons.
1.Whether both daughters got married before 1989 shall have the equal rights of her father's property ?
2.If there was some debt/loan regarding property & also daughters marriage and the same has been settled by the his eldest son can claim any additional share of property or can recover the loan amount with Interest from other legal heirs?
3.Whether sons can claim the ownership(without giving to the daughters of sundaram) based on partition made orally and enjoyment, and also payment of taxes on property in the their names?
kavksatyanarayana
(Expert) 16 December 2018
Why anonymous? As you have no written documents, and no will is executed, all legal heirs of your father have equal rights over the property.
Kumar Doab
(Expert) 17 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 17 December 2018
Probably alongside Hindu Succession (Tamil Nadu Amendment) Act, 1989, you wanted to benefit from Madars HC judgment;
Parameswari@ Gnanasakthi v Raja Ratinam
And date of reference in Tamilnadu as ; March 25, 1989
The property is self earned/acquired and said partition is not registered, as per query.
So the subsequent Apex Court judgments may not benefit you.
The daughters may get equals share being ClassI legal heirs.
Kumar Doab
(Expert) 17 December 2018
For your staifaction; You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
However; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
Dr J C Vashista
(Expert) 18 December 2018
An anonymous author may not expect obligation from experts as per rule of this platform.
SHIRISH PAWAR, 7738990900
(Expert) 17 December 2018
