property right
preeti
(Querist) 26 April 2011
This query is : Resolved
sir ,i am preeti 30 years old un married hindu girl.i have a brother whose age is 34. my father had a 20 acre land,from his father. in an accident my father and mother died in 1988.my father was only child of my grand father. now my brother has refused to give any share in the ancestrol land. how can i get my share and how much share would i get. we had not partioned since our parents death. before my parents death the land was in name of my father, then my brother got his name in records, i dont know how, and why i was not added in nominations?plz tell me would i get my share or not and how much share?
M.Sheik Mohammed Ali
(Expert) 26 April 2011
immediately file partition suit case, both are get equal share in ancestral property
Kiran Kumar
(Expert) 26 April 2011
prior to the amendment of 2005 in Hindu Succession Act, the females were not provided any share in ancestral property.
but now this right has been provided to female as well.
Now the fact to be determined in your case is that whether the property was actually partitioned among the legal heirs or not.
the relevant date here is 20th December 2004 (as fixed under the amended act). If the property has been disposed or succeeded prior to this date by your brother then you wont be able to have share out of the ancestral property.
If you can prove that no such alienation or disposition or transfer took place prior to 20th December 2004 then you can succeed in the matter.
R.Ramachandran
(Expert) 26 April 2011
Dear Preeti,
You have not indicated as to you are from which State. This is required to appropriately answer query, because separate provisions exists for persons in the State of Andhra Pradesh (5.9.1985), Tamil Nadu (25.3.1989)Maharashtra (22.6.1994) and Karnataka 30.7.1994).
In any case, in the year 1988, when your parents died, the unamended Hindu Succession Act, 1956 was in force.
According to Section 6 of the said Act, whenever a hindu male (i.e. your father) having interest in a coparcenary property (i.e. ancestral property), and if that person dies leaving any female relative (i.e. wife or daughter etc.), then that person's interest in the property will go to the legal heirs by way of intestate succession.
Keeping in view the above legal provision, upon the death of your parents the property will be divided between you and your brother in the following manner:
1. First out of the total property, your brother will get 1/2 share being a co-parcenar. The remaining 1/2 share will be that of your deceased father's share.
2. Since your father has not left any WILL or GIFT Deed, the 1/2 share has to be shared equally between you and your brother (since you two are the only legal heirs - as your mother had also died).
3. When the partition gets completed in the above manner, your brother would get 3/4th share and you will get 1/4th share.
If your brother has not given you the share, then you can send him a legal notice demanding your share. In case he refuses to give, then you have to approach the court seeking your share in the property.
Guest
(Expert) 26 April 2011
Dear Preety,
Ramachandran's opinion is correct. But still you need to satisfy the queries raised (about in which state you live) by you before you can get the correct advice by the experts.
preeti
(Querist) 26 April 2011
sir i lives in mp, sir why cant i get equal share. is there any discrimination among son and daughter still
preeti
(Querist) 26 April 2011
there was no partion before today
R.Ramachandran
(Expert) 26 April 2011
Dear Preeti,
From December, 2004 there is no difference or discrimination between a son and a daughter.
But, your case is prior to 20th December 2004 and therefore, as per the law prevailing at that time, you will get only 1/4th share in the entire property.
This is mainly because, prior to December 2004, only a male child (son i.e. your brother) was regarded as a co-parcenar. Therefore, normally he would have succeeded to the entire property of your deceased father. But, there was another Act called Hindu Succession Act, 1956. Section 6 of the 1956 Act provides, that whoever hindu dies after coming into force of the 1956 Act, and having an interest in the ancestral property,
and leaving behind a female relative (wife, daughter, mother etc.),
and who has not made any WILL or GIFT, then HIS interest (i.e. 1/2 portion of the whole ancestral property in the instant case) will go by way of inheritance amongst his legal heirs. In this case, only you and your brother are the legal heirs (since your mother also died). Therefore his 1/2 property will have to be shared equally by you and your brother. Therefore, ultimately, you will get only 1/4 share, while your brother will get 3/4 share (1/2 as coparcenar and 1/4 as legal heir of your father).
The said Section also provides that the partition will take effect immediately on the death of the hindu male. Therefore, in the year 1988 itself, according to law, partition takes place by operation of law. That is why you get only 1/4th share.
If your father is alive today, and if he effects a partition, then all of you i.e. your father, your mother, your brother and you would have got 1/4th share each.
Or if your father had died (including your mother) on or after 20th December 2004, then in that case you and your brother would have equal share and each one of you would have got 1/2 share each.
preeti
(Querist) 28 April 2011
sir my father had a house in indore,in which my brother is living,the house was purchased my father on his own name. can i claim for half share in yhe house.
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