Regarding Daughter's claim in ancesral property
Querist :
Anonymous
(Querist) 01 July 2011
This query is : Resolved
Dear all the experts,
My query is according to daughter's equal rights in ancestral properties.Sometimes we get the scenarios in the community that woman X is well settled. She and her husband is pension holder. Her sons, daughter in law and grandsons are in high position in top Companies having monthly salary take home as in lakhs.They each have at least 2-3 properties in metro city.
But In similar way the brother Y of X woman is not financially stable whatever asset he has is the property left by his ancestors (land). Things including court cases and court matters regarding the property are fought by her brother Y and his children. All the property related taxes are filled by her brother from so many years. Brother and his children scarify their life to maintain the property and fought for the property. Brother won the court cases against the oppositions and now think to sell the property for his daughter's marriage, sister X is in good relation with (Y)don’t want to claim her brother stating orally that she is satisfied woman and ready to give NOC. what steps we need to conduct to have NOC from her?
But if daughter(X) want to claim on property will she claim?
Infect there is authorized document released by widow mother of(X and Y) 68 years back that the whole property belongs to her son(Y); Daughter(X)'s name is not mentioned in the document. will it shows that property belongs to son? Please revert me for clerification.
R.Ramachandran
(Expert) 01 July 2011
To get a proper answer to your query, you have to first clarify whether the query is based on factual situation or imaginary.
If based on facts, then you have to make available the following minimum information.
(1) Where is the property situated?
(2) When did father of X and Y die?
(3) How did the father of (X&Y) got the property - either by self-earned or otherwise. Specify.
(4) Whether X (son) and Y (daughter) are the only children or there are any other brother(s)/Sister(s)? If so specify.
(5) Whether mother of X&Y now alive? If not when did she die?
(6) You say that there is authorized document from mother of (X&Y) releasing the property in favour of the son Y. (i) What is that document? (ii) Is it a Gift Deed or Relinquishment Deed or what? (iii) Whether such document is Registered or not? (iv) In what capacity did she give that document - meaning whether she released her share, or the entire property? (v) How did she first became he owner of the said property?
(7) Whether Y is married and if so when did she get married?
(8) Now the property is in whose name?
(9) You say that the brother (X) and her children fought court cases - what are the case about and who are the opponents?
(i) What is the outcome of that case?
Querist :
Anonymous
(Querist) 01 July 2011
Dear R.Ramachandran,
Thanks for your valuable reply. Here I have mentioned some of the real fact in community but only the thing which is imaginary is "if daughter(X) wants to claim on property will she claim?”. This is only for discussion and to know the law.
As per your questions this property situated in small city (earlier I mentioned land), some portion of property is commercial and some is residential where brother (Y) and his family stays in present. This is ancestral property from 7 generations and 120 years old. Y’s father is alone son to their parents, Y is also alone son with elder sister (X) and Y has only one son and daughter (alone son to the property from three generations).
Mother of X and Y died 8 years back. Son(Y) took care his mother nicely till her death at age more than 85.
Now we will discuss about the real scenario.
Now coming onto the real fact Daughter (X) is nearly 80 years of age and availing pension. Brother(Y) is nearly 75 years old depending on rent or income earned by his son.
X and Y are only two children to their widow mother. Their farther died in early 1940 when X (sister) were 8 and Y (brother) was fresh child. the widow mother(of X and Y) who was owner after her husband's death in 1940 release the document in city survey while stating that the entire property belongs to her son(Y). Daughter (X) who is elder got married in early 50's and her husband was government servant. When son (Y) is 18 years of age he took the property charge handled and maintained all the property. In 1970s and 80s brother(Y) fought cases against the renter (residential tenants) in residential matter and early 1990s till date he fought for the commercial matter. He(Y) won both the cases and his (Y's) children help and support him to solve these court matter.
Now in present situation son (Y) has won all the court cases against the renters (earlier I specified opponents). Now there are no renters (tenants) in commercial as well as residential property. Now brother(Y) wants to develop the property to make himself financially stable and releasing right to his(Y's) his son (35 year old). Should he require having NOC from his sister(X) infect her name is not mentioned anywhere in the property related documents? In fact brother (Y) is telling that he will give some thing to his sister(X) of his wish if any deal is happen.
From childhood till date, X are Y is in good relation and in present also they are in good relation. Daughter X is happy in her present life stating orally that she don’t want anything from her brother's property and she is happy and her children are well settled having enough money and her children takes care her nicely. Infect she is willing that her brother should get financially stable.
But some elements in community and blood relations tend her and change her mindset to claim on the property to spoil good brother and sister relation due to which sister (X) and her children started the voice regarding her claim (sometimes taunting) and in parallel it has been told to the brother(Y) that to check whether his sister(X) should claim in future.
In these confusing scenarios if her(X’s) mind changes and she claims on the property then my questions are (these are based on imagination if she claims):
1) Whether sister(X) can claim equal part as of her brother as her name is not mentioned anywhere in the property deal?
2) Why she should claim if she is well settled and pension holder woman and her children take care her nicely?
3) Why she can claim if she(X) does not have any participation in property related issues?
4) Her brother is ready to give some amount then why she should claim equal?
5) Is this law applies to for well settled women as helpless women?
6) Will her children claim on the maternal uncle’s(Y’s) property?
7) Why she should claim if she is 100 times financially stable than brother(Y)?
8) Why she should claim if she is getting good treatment from maternal side till now when she comes to maternal home?
9) If elder daughter of brother (Y) whose age is 45 and status married ready to release her rights on property stating that she is also happy and don’t want anything in father’s property then the person at age 80 will claim the property?
And finally
If she(X) claims then what is the solution?
Please reply as to know the law and to maintain good Relationship between X and Y.
Uma parameswaran
(Expert) 02 July 2011
You have to mention the name of the State to get correct answer for your question.
Querist :
Anonymous
(Querist) 02 July 2011
Thanks Madam for your valuable reply but state is Karnataka.
