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M.J.Kumar (--------)     30 September 2012

Ancestral hindu property right of converted christian women

 I REQUEST THE FOLLOWING FOR CLEARIFICATIONS & ITS APPLICABILITY;

A MOTHER WHO, WAS HAVING ALL RIGHTS OF THEIR PREVIOUS(3rd GENARATION)  FAMILY ANCESTRAL PROPERTIES, HAS REFUSED TO ALLOT ( BY REGISTERING A DEED) ANY PROPERTY TO ONE OF HER DAUGHTER ,.WHO LIVED  A  CARE FREE LIFE.,, & THE MOTHER DIED,,,AFTER 6 YRS OF FROM THE DATE OF SUCH DEED,,  SHE STARTED LIVING A DECANT LIFE AS HINDU  & CLAIMED.,HER SHARES & ON A FAITH  & CONVINCED THE OTHER SHARER & THE OTHER SHARER ALSO HAS AGREED TO ALLOT FEW PROPERTIES.& ALLOTTED.  HER THE REFUSED SHARES FROM  THE OTHER SHARE HOLDERS, AFTER 2 YEARS,.SUDDENLY SHE HAS CONVERTED INTO CHIRSTIANITY, & STARTED THE SAME CARE FREE LIFE,,,HER CARE FREE LIFE IS RECORDED STATEMENT. WHICH IS NOT ACCEPTABLE BY OTHER SHARERS WHO HAVE ALREADY ALLOTED THE REFUSED SHARES or TO THE NEW SHARERES( HER HINDU DAUGHTER ETC). IN SUCH CASE THE DAUGHTER WISHES TO FILE A SUIT FOR  REFUSE THIS ALLOTMENT & REINFORCE THE REFUSAL DEED &  TRIES TO ACCQUIRE THE ANCESTRAL PROPERTIES TO HERSELF.,

AS A CHRISTIAN, DO THE WOMEN & MOTHER OF THE DAUGHTER, CAN CLIAM HER SHARE IS THE RIGHTS TO HER????

IN SUCH CASE,,CAN SUCH A    REGISTERED (REFUSAL) DEED IS ENFORCABLE????

THIS ISSUE FROM TAMILNADU

PLEASE SUGGEST ME

 



Learning

 3 Replies

J K Agrawal (Advocates)     30 September 2012

 

Dear Mr Kumar

 

The Hindu law was different at different span of time. General rule of law is that a Hindu, if converts himself into other religion,  losses his right title interest in ancestral property. But at the same time one more rule is there that a vested interest can not be divested by conversion of faith.

 

A Hindu woman, whenever gets a property, it is her absolute property. This rule makes your question again very complicated. 

 

So the entire question depends upon the answer that when she got a vested interest in property and on that day how much was her own interest?

 

The dates are very crucial to answer your question. It requires so many dates like when her parents died, when she born, when partition took place, when she conceived children and when she got the property.

 

Please contact a local civil lawyer of a very good command on the subject.

 

Advocate JK 

www.bar2bench.com

M.J.Kumar (--------)     30 September 2012

SIR,

      IN REPLY TO YOUR REPLY, I WISH TO GIVE YOU FEW CLEARIFICATIONS.

      THE MOTHER WAS THE RIGHTFULL PERSON OF THE HINDU FAMILY,S ANCESTRAL PROPERTIES.

      UNDER 'STHRI  DHAANA"( GIFT TO WOMAN/FEMALE-DAUGHTER) MOTHER HAS GIVEN FEW PROPERTIES,TO HER 2 ND DAUGHTER & FEW PROPERTIES TO HER 1st, DAUGHTER,,AT THE DAUGHTER"S(2nd) 15TH AGE..THROUGH  A REGISTERED GIFT DEED .THIS 2nd DAUGHTER MARRIED NEXT YEAR , OUT OF THE WEDLOCK SHE GAVE BIRTH TO HER DAUGHTER .               AFTER THIS THE 2nd DAUGHTER DO NOT LIVE A DECANT LIFE & HENCE IN THE VERY NEXT YEAR, THE MOTHER HAS CANCELLED HER GIFT BY REGISTERING A DEED..                                                                                                

THE MOTHER( WHO CANCELLED THE GIFT DEED), HAS DIED AFTER 6yrs.BY THEN THE 2nd DAUGHTER WAS
22yrs old..& HER DAUGHTER WAS 6 YRS OLD.NOW 2ND DAUGHTER'S PORTION OF PROPERTIES HAS BECOME COMMON FOR BOTH  THE DAUGHTERS,,WHOSE MOTHER HAS DIED.

HENCE, THE 1st DAGHTER DO NOT AGREE TO NULLYFY THEIR MOTHER,s CANCELLATION DEED ALSO.

REALIZING THAT, THE 2nd DAUGHTER STARTED LIVING  DECANT LIFE & GOT 2 MORE SONS. HENCE HER DECCANT LIFE HAS BEEBN ACCEPTED BY  THE 1ST DAUGHTER,HENCE SHE ACCEPTED TO NULLYFY THEIR
MOTHER'S CANCELLATION DEED.& THRO: A COURT ORDER( COMPROMISE) THE 2nd DAUGHTER WAS ENJOYING ALL THE RIGHTS OF HER SHARE OF PROPERTIES SUDDENLY AFTER 2 YRS AGAIN THE 2nd DAUGHTER ONCE STARTED LIVING IN A INDECANT LIFE ( ON RECORDS) & CONVERTED INTO CHRISTIANITY.& SHE HAS CONVERTED THE CHILDREN ALSO INTO CHRISTIANITY.

NOW THE HUSBAND HAS LEFT HER(DIVORCED) & THE DAUGHTER BORN TO HER( 2ND DAUGHTER) ALSO, BECAME MAJOR & LEFT HERE MOTHER.,, & DECANTLY LIVING AS HINDU,,,OF HER OWN.

1. CITING THIS INDECANT LIFE, & CONVERTING INTO CHRISTIANITY, THE DAUGHTER BORN TO THE 2nd DAUGHTER  and or THE 1st DAUGHTER WISHES TO ENFORCE(VALIDATE) THE CANCELLATION DEED AGAIN.& WISHES TO MAKE THE 2nd DAUGHTER TO LOOSE HER ELIGIBILITY TO ENJOY THE ANCESTRAL PROPERTIES GIVEN TO HER SHARE.

The QUESTION IS,,, DO THE 2nd DAUGHTER( AS A CHRISTIAN) HAVE ANY RIGHT TO OBJECT THIS.,, ( VALIDATING
 THE CANCELLATION DEED".?)  IF ENFORCED..,, AS A CHRISTIAN ,DO SHE HAS ANY RIGHTS OVER HER HINDU ANCESTRAL PROPERTIES.AGAIN??

 

.

 

 

 

 

 

M.J.Kumar (--------)     30 September 2012

THANKS MR,AGARWAL,,,  CERTAIN CLEARIFICATIONS HAVE BEEN GIVEN TO YOU & TO OTHER MEMBERS OF THIS FORUM ALSO. & REQUEST TO REPLY YOU ALL.


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