Regarding womens right in ancestral propertys
saravanan
(Querist) 16 August 2009
This query is : Resolved
DEAR LEARNED EXPERTS,
I would like to know about my mothers share in her ancestral property, Let me explain about my mothers property.
Description of property.
My mothers great grand father owes some land, after his death it was under the control of my mothers grand father, in the year 1960 my mothers father was deceased. at that time a partion was made by my mothers grand father and rest of his sons. the propertys were divided into 5 parts namely as A,B,C,D,E SCHEDULES.
Out of which my mothers grandfather holds the A-schedule and B,C,E.by other sons whereas D- scheduled share was my mothers father share as he was deceased, his share was writtern in favour of my mothers brothers( my uncles)who were minors at that time.(ram aged 5 yrs and murty aged 1 and 1/2 yrs at the time of partition) . the D SCHEDULED was partioned in favour of ram and murty with their mother subbuamal as gaurdian, subsequently ram dies in the year 1962 when he was 7 yrs old minor boy.
In that 1960 partition they did'nt show my mothers name, as referred to my grandma she said ladies have no right in those days..in i960's. is it so sir. my grand mother also died in the year year 2005.my uncle murty has got a will registered in his name from my grandmother in the year 1990 itself to grab the whole property in his name,this was known to us recently..
hat steps should we take now.
My humble request is 1) IF MY MOTHER FILES A SUIT WOULD SHE GET EQUAL SHARE.
2) DOES THE REGISTERED WILL CREATED BY MY GRAND MOTHER OF HER HUSBANDS ANCESTRAL PROPERTY TO HER ONE SON WHEN A DAUGHTER IS ALIVE,IS IT A LEAGAL WILL.DOES SHE HAVE ANY RIGHT TO WRITE A WILL OF THE DECEASED MINOR SON SHARE..
3)HOW IS MY MOTHER ABLE TO GET HER RIGHTS IN HER ANCESTRAL PROPERTYS, WHAT STEPS TO BE TAKEN.
WHAT ARE THE LEGAL ASPECTS TO BE TAKEN OFF ON OUR SIDE,PLS GUIDE ME WITH SOME LAW POINTS AND RELATED JUDGEMENTS
THANKING YOU
Y V Vishweshwar Rao
(Expert) 16 August 2009
1- In 1960 there is no right to Daughter to claim a share as son
2- In 1960 partition and D Sch in favour of Ram and Murty both minors and Ram Died in the year 1962 -
In 1962 Only surviving male meber of HUF was Murthy- Minor .
The Proerty fallen to the Share of Ram became his proerty , as there were no other coparcners.
The 1990 Will Deed is not clear .
saravanan
(Querist) 16 August 2009
Dear sir, thanks for the suggestion, i must make one thing clear at this part.
In the year 1960 when the partition was made in the name of two minor sons ( ram& murty)with their mother subbamal as gaurdian, how could subamal write a will of the deceased minor son rams share to her son murty in 1990,
secondly as you said in 1962 how could the proerty share of ram become murty's when gaurdian subamal is alive and her sister is alive. i came to know by some friends that a un married sons property is shared to all other members in that family wether its men or women, what do you feel about it sir
and finally as you asked about the 1990 WILL . i will tell you its contents
The will was created by subaamal,she registered it on her son murty stating that the whole property is given to him.
my querry over here is.
does subamal have right to write a will of her husbands ancestral property being only a gaurdian to that property's,
and if so, how can she write the deceased sons ram's share also to one son murty when her daughter is alive,
she made the will before 15 yrs of her death, is it correct,is there any limitations to execution of a will
