regarding womens right in ancestral property
saravanan
(Querist) 05 August 2009
This query is : Resolved
Dear sir,
My mum has filed a suit against her brother who holds our ancestral property,let me tell u in brief... The property's are of my mums great grandfathers,when my mum was 5 years old her father was deceased, after that there was a family arrangement which was made by her elders stating that the property's are writtern to her two brothers with her mum( ie:my grand mother) as gaurdian,as soon the writtern document was made one of her brother also died in few days, so the property was under the control of my grandmother as my mother and uncle was kids, my mother got married in the year1972, my grandmother was forced by my uncle and she made a will in the year 1990,she had writtern all the property to his son, she died only in the year2005 but forcefully the son got the will in his name,all i need to know is that "does my grandmother has the right to write a will of the deceased sons property to one person when her daughter is alive,basically a gaurdian who holds the right in a property should write it equally to all theirchildrens isnt it, how is it possible to a person who holds ancestrol property could write a will to one son when her other girl child is alive. can i know the laws clearly, WHAT ARE THE LAWS THAT STATES RIGHT FOR A WOMEN TO HOLD HER ANCESTROL PROPERTY AND MAKE ME CLEAR ABOUT THE LAWS WHICH STATES WOMEN HAS EQUAL RIGHTS IN THE ANCESTRAL PROPERTYS .
AWAITING FOR YOUR EARLIER
THANKING YOU
YOURS FAITHFULLY
SARAVANAN
saravanan
(Querist) 05 August 2009
Dear sir,
My mum has filed a suit against her brother who holds our ancestral property,let me tell u in brief... The property's are of my mums great grandfathers,when my mum was 5 years old her father was deceased in the year 1960,soon after that there was a family arrangement which was made by her elders in a six days time(1960 itself) stating that the property's are writtern to her two brothers with her mum( ie:my grand mother) as gaurdian,as soon the writtern document was made one of her brother also died in few days, so the property was under the control of my grandmother as my mother and uncle was kids,she was maintaining the propertys, my mother got married in the year1972, my grandmother was forced by my uncle and she made a will in the year 1990,she had writtern all the property to his son, she died only in the year2005 but forcefully the son got the will in his name,all i need to know is that "does my grandmother has the right to write a will of the deceased sons property to one person when her daughter is alive,basically a gaurdian who holds the right in a property should write it equally to all theirchildrens isnt it, how is it possible to a person who holds ancestrol property could write a will to one son when her other girl child is alive. can i know the laws clearly, WHAT ARE THE LAWS THAT STATES RIGHT FOR A WOMEN TO HOLD HER ANCESTROL PROPERTY AND MAKE ME CLEAR ABOUT THE LAWS WHICH STATES WOMEN HAS EQUAL RIGHTS IN THE ANCESTRAL PROPERTYS .(the suit stands in the jurdistiction of coimbatore,tamilnadu)
AWAITING FOR YOUR EARLIER REPLY THANKING YOU, PLS HELP ME
YOURS FAITHFULLY
SARAVANAN
R.R. KRISHNAA
(Expert) 06 August 2009
First let me know in whose name the property exactly stands?
If it stands in the name of your mother's father or her ancestors who could have expired before 1989, then your mother cannot have any share or right as per the Tamil nadu Law is concerned. (TN Amendment act 1989 Section 29A-Hindu Succession Act 1956.)
Refer Case law: Nachayal Vs Pongaiannan and others 2007 (4) TNLJ 237 (Civil)
