Ancestral property partition (HUF) married before 1994?

1. yes , your  bua has a share of 50 % in the house. The reason is that your papa and bua are the only legal heirs of your grandfather.

2. TAX receipts will give you possessory title , but not ownership title. So keep this safe as these documents are very much required in your case.

3. You can prove this only during cross examination  and depends on the skills of your lawyer to bring out the truth.

4. Since your father has 50 % share in the property , you can go ahead and make the repairs which are required. However, pl make a record and preserve all the bills. These documents will be required during evidence stage.

5. your bua cannot directly go to supreme court. Only if she loses in both  district and high courts of your state, she can approach the supreme court. This is an empty threat and there is nothing to worry about.

6. No. since your papa is entitled to 50% of the share in the house, she cannot sell the whole house. Legally she cannot force you out of the house as you are in possession of the house and your papa is living there. 

7. Do not play into her tricks . Whatever happens do not give up possession of the house.

8. The judge can never force any settlement in your case. This will have to be amicable settled between your father and your bua.

9. You may transfer the case to a fast track court . But from my experience, I will have to go with your lawyer. He is right in informing you that the house will have to split into 50:50.

 

 

Thank you so much Mr. Vishnu for that much enlightening  words. After reading your response i am going easy on my lawyer but he now says that since my Bua was married in 1979 and the whole property is under HUF "Hindu undivided family" we have a shot to either reduce her share in the property or even nullify it all together.

 

This goes against what you have told me and i am not sure if he is yet again bringing false hope to my father.

 

Again thanks a lot Mr. Vishnu

The Hindu succession act was amended in the year 2005 and it gives daughters equal rights in ancestral property. Her rights cannot be taken away by saying she was married off in 1979.As I have mentioned in the earlier post , your papa and bua are the only legal heirs of your grandfather. However her share can be reduced only by  proving  that your grand father had given her a stridhana  during her marriage in 1979.

FYI- In Tamil Nadu, your Bua is not considered a coparcener, i.e. She is not eligible for 50% share because 1) She is married prior to 1989 amendment Act 2) Amendments to an original Act of 1956, cannot be made retrospective. So I think your lawyer is correct he is not giving you false hope!

Vishnu sir I am law student i have one question that is fore father owned property is ancentral property the grand son can get right in property If the grand son is matured in age then he get right in ancentral property if the father of grand son sell the ancentral property without the consent of grand son then the grand son can get right if grand son get then what is the remedies