Property Share Karnataka
Querist :
Anonymous
(Querist) 09 June 2011
This query is : Resolved
Dear Experts,
My Grand Father purchase some property in 1976, But he did not do the registration in his name, he did registration to my father name. In 2004 my father and his brothers divided this property in to three parts, one of the my father share taken for my name by registration in 2004-05. Then my father is passed away in 2006.
Now my question is
1)Is this Property are ancestral or not ?
2)I have three married sisters, They can ask share in this property or not?
3)My Sister married period is 1998, 1990, and 1985.
Please give your good suggestion
R.Ramachandran
(Expert) 09 June 2011
From the looks of it, it does not appear to be a ancestral property (though might have been funded by your grand father).
It appears to be the personal property of your father and inspite of such a legal position, he has gone ahead and distributed the property amongst his two brothers and you.
Since the property was distributed by your father during his life time and nothing remained in his name after his death, the question of any of the legal heirs staking a claim for any share in the non-existing property of your father is simply unthinkable.
You have to maintain that it is your father's personal property and that he disposed it of in the way that he liked (he in fact distributed it between his two brothers and one son) it. Therefore nobody else has any right to question his action, nor they have any right to demand any share.
prabhakar singh
(Expert) 10 June 2011
you say" In 2004 my father and his brothers divided this property in to three parts, "
This goes to prove that despite the fact that property was purchased BENAMI in name of your father by your grandfather, your father did not treat it to be his own,he treated it to belong his father(i mean,your grandfather).
SO ,if the 1/3,taken in your name at the time of partition among your father and his 2 brothers,then it can be said at best only that you are in exclusive possession of 1/3 share since2004-05 but you can not prove very ouster hostility of your sisters from their right to this property as hardly 6 to 8 years have passed.
The point i am bringing home that on facts property belonged to your grand father but held in your fathers name but your father treated it to belong to his father and got it divided by giving 1/3 ,1/3 to his two brothers can not now be disturbed by you on
any right.
AND FACTS ALSO GOES TO PROVE THAT SHARE IN YOUR HAND IS SHARE FROM YOUR FATHER WHICH AS HE DIED INTESTATE,SHALL DEVOLVE UP ON ALL HIS CLASS 1 SHARES IN WHICH YOU AND YOUR SISTER DOES FALL.therefore sisters have right to inherit it along with you in this case is ,my firm opinion.
HERE I DIFFER WITH DUE RESPECT TO MY LEARNED BROTHER Mr.R.Ramachandran.
MORE OVER HAD THERE BEEN NO PARTITION AND PROPERTY WAS LEFT BY YOUR FATHER YOUR SISTERS COULD HAVE INHERITED IT.I am not ready to subscribe that only because in the said partition share allocated 1/3to your father side was taken in your name is sufficient to make you exclusive owner unless your father has not transferred it to you as gift or otherwise.Much depends on the language of partition deed and on its DATE also.since right is there in your sisters unless the very act of your father expressly convey his intention not to give your sisters,they are sharers with you and courts will look on this for equity and justice.
But if there is a fact that you are governed by MITAKSHRA rule of a coparcenary ,and if the partition deed is executed before 20/12/2004(please check this date in Hindu succession Act2005)then your sisters being female shall not form the coparcenary with respect to a property whose partition has already taken place before the enforcement of the amending act2005.
Querist :
Anonymous
(Querist) 10 June 2011
Dear Prabhakar singh sir,
My self and my father partition deed is executed in 8/10/2004,before two month on 20/12/2004.They can fight with this date or not, only two month deed executed is akcepteble or not.
prabhakar singh
(Expert) 10 June 2011
A SINGLE DAY CAN SAVE IN LAW<2 MONTHS ARE MUCH MORE!
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