Is my mother have right to take share in her mother property
Devaraj
(Querist) 29 June 2015
This query is : Resolved
Sir/ Madam,
My mother age52 and her married in 1970's, here i have doubt that my mother's mother (my grand mother)having a property Tumkur District Urdiger hobli, Karnataka, is my mother can get or ask equal share in that,
please let me know.
my grand mother has total 5 children 3 doughter and two sons
Thanks
sanjeev murthy desai
(Expert) 29 June 2015
If your mother born before 1956, she does not have any rights over property.
Anirudh
(Expert) 29 June 2015
Neither the date of birth of your mother nor date of marriage has anything to do with the present query. In fact those things are of no relevance at all.
It seems the property is in the name of your grandmother. So long as she is alive, nobody (whether your mother, or her sisters or brothers) can claim any share in it.
However, if during the life time of your grandmother, she does not dispose of the property either by sale, or gift or WILL etc., and dies intestate, then and only in that event, all her children including your mother will have equal share. Otherwise not.
sanjeev murthy desai
(Expert) 29 June 2015
In Karnataka daughters born before 1956 do not have any rights as per law. Birth rights confirmed after amendment of succession act.
Kumar Doab
(Expert) 29 June 2015
The owner of the property is alive hence the succession has not opened.
It is believed that female owner is Hindu.
If she dies without leaving a WILL and disposing the property in her life time then her children are ClassI legal heirs and will share the property equally.
Anirudh
(Expert) 30 June 2015
Dear Mr. Sanjeev Murthy Desai,
That decision Swamy v. Thimmamma AIR 2010 Kar 124 suffers from the following vices:
1. It is not clear whether the property in question were the self-acquired properties of Golangana Dasappa (the great grandfather of the Appellant Swamy) or properties received by him from his male ascendants.
Unless the properties in question had been received by Golangana Dasappa from his male ascendants, the same is not 'ANCESTRAL'.
Since Golangana Dasappa died after coming into force of Hindu Succession Act, 1956, by virtue of Sec. 8 thereof, the property in the hands of Hachegowda (the grand father of Appellant Swamy) is his personal property.
Once it is a personal property of the grandfather of the appellant, the question of application of Sec. 6 of the HSA does not arise. Only Sec. 8 of HSA will have application throughout.
Therefore, assuming it is a personal property (as opposed to Ancestral property) in the hands of grandfather of the Appellant Swamy, upon the death of his grand father, the property will have to be divided equally amongst his legal heirs in accordance with Sec. 8 and 10 of the Hindu Succession Act.
It is not clear whether his wives survived him. If they had survived then each one of them would have got 1/2 share.
If his wives were not alive, then in that case all his grand daughters and grand son would have got 1/3rd share each.
This was what Thimmamma the plaintiff was demanding.
2. ASSUMING THE PROPERTY TO BE 'ANCESTRAL' in the hands of Huchegowda (the grand father of the appellant Swamy), then being co-parcener ChandreGowda, the father of the Appellant Swamy would have got 1/2 share in notional partition - the other 1/2 going to his grandfather Huchegowda.
Once such a partition takes place, the family of ChandreGodwa (the Appellant Swamy's father) would have no further claim whatsoever in the 1/2 share that has gone to his grandfather Huchegowda. The property in the hands of Huchegowda is his private property after partition. The son Chandregowda with whom partition had already taken place, will have no share in his property after his demise. Therefore his ½ share which he got at the time of notational partition will go by way of inheritance only to his two granddaughters Thimmamma (Plaintiff) and Parvathamma (Defendant No.3).
Whereas the decision in question has erroneously held that after the death of Hutchegowda (the grandfather of the Appellant Swamy), the half share notionally held by him has to be divided equally between the plaintiff, defendants 1 and 2 together and defendant no.3.
Therefore the above decision has no relevance at all and cannot be an answer to the question posted by Mr. Devaraj.
Devaraj
(Querist) 01 July 2015
Actualy i am talking about agriculral land located in Tumkur District belongs to my Grand mother, that property came to my Grand mother through her Father totaly there is 6 acre. my Grand mother told that i already made Will inthe name of all Children but it is not confirm whether it is registered or not
Kumar Doab
(Expert) 01 July 2015
If it is self acquired property the owner can give it away in his/her life time by WILL also.
If the WILL is registered it fetches more reliance.
Regarding WILL confirm from owner.
