Personal or ancestral..?
Querist :
Anonymous
(Querist) 25 August 2011
This query is : Resolved
Please guide me to Understand the Rights and Status of Agri - Land & Properties from Tamil Nadu:
Hindu Father Died died intestate ( year 1971 ) : without WILL ., On Succession All the Property Transferred to Widow wife's Name in year of 1972,
Current status : The Propreties considered all as Personal Properties or it is Considered Ancestral ? ( Properties not brought by father : transferred from Grand father )
As per HSA states that : 14. Property of a female Hindu to be her absolute property
(1) Any property possessed by a Female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.,
This mean's the Law give's full rights to consider as Personal Properties,
So in this case the Widow currently live ( Mother of 3 daughter's and one sone ) can gift this properies any one of the family members ?,
or : Son & Daughter's get equal share from the above properies ? , Can the daughter's file any partition suit..?, all daughter's get married before 1982, Please guide me.. thanks,
R.Ramachandran
(Expert) 25 August 2011
You say that the properties were not the self-earned properties of your father but was transferred from Grand father.
Pl. indicate when did your Grand Father transfer the property to your father.
Whether there are any other brother(s)/Sister(s) to your father and whether those brothers/sisters also got the share from their father.
When did your grand father die?
Whether the property in the hands of your grand father was his self-acquired property or received from his father etc.
You also say that upon the death of your father in the year 1971, the entire property was transferred in the name of your mother. How was it done? Did the son(s)/daughter(s) of your father gave any Relinquishment Deed in favour of your mother? Whether you i.e. son(s)/daughter(s) were major when your father died?
Querist :
Anonymous
(Querist) 25 August 2011
Sir, Thanks for your replay, Grand Father had one son & one Daughter, : Daughter currently live in the same village, she got married in the local village, and got the shares when get married, but no records, : It seems Grand father not transferred land to my father's name, when My father died, My mother's grand father helped to transfer the Land's and Properties to my mother.. ( I don't have year of my grandfather passed away but it seems around 1960 he passed away, then my father passed away year 1971 ), It seems my Grandfather self acquired property but my mother don't have any documents to show, My mother now aged 80,
When My father died one daughter and myself are minor, other 2 daughter's are major but not married, after my father died my sister's got married,
So my concern is, is it my mother have full rights on the properties now, she can give gift deed to any one as she wish,?, or daughter's have equal rights on the properties ?
R.Ramachandran
(Expert) 25 August 2011
From the facts it emerges that it was the personal / self-earned property of your grand father.
Therefore when your grand father died in the year 1960, the property ought to have gone by way of inheritance equally to your father and your aunt. (This does not appear to have happened. It can be that your aunt might have given a Relinquishment Deed in favour of your father.)
In any case, the property in your father's hand was not 'ancestral'. It was inherited property and it is his personal property.
Again, the property could not have been transferred to your mother's name. The property should have stood in the name of all the three of you i.e. your mother, and the four children. Again this did not happen (since two of you were minor, you could not have given any Relinquishment Deed!).
Legally, all the legal heirs can claim their share. Morally and legally you will also agree that the property has to go to all the children equally.
But, you want to take advantage of the fact that the property is in your mother's name and if she gives the said property either by way of Gift or through WILL, to any of her chosen person, others cannot question.
But, property matters are not that simple. If your sister's start claiming their share, and if they approach the Court of law and obtain stay etc., then you will land up in problem. At least you will not be able to do anything with the property till the case gets over.
While legally speaking, since the property stands in the name of your mother she will be within her rights to do whatever with the property (to give gift or make a will), the possibility of your sisters claiming their share cannot be completely ruled out.
Querist :
Anonymous
(Querist) 25 August 2011
Dear Rama sir,
Thanks for your detailed explanation, I appreciate your efforts and support on this forum, Keep your good work.. God bless you..
