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jai goud k (business)     01 November 2013

Daughter share on grand father property

hi 

i am from AP ,my question is a women can get the share in grand father property.

my father get the property from my grand father,and now my sister who married in 1986 files a case that  she needs a share, when she married the total cost of my property is 2.5 lakhs (3.5 +12 acers) as her first marriage was broken so for the second marriage my father has sold the 12 acers land for her marriage as promised to my brother illa ,apart of that we have given money by selling the plots from the remaining land in to which by-pass road was gone,now the rate of the land is up ,as we have supported  her  to still date in each and every case....(in business,house hold things,for her pregnency time,for doing celebration for her children and all) as the rate of the land is high so now she again files a case .....

my question is sir,

1.do court do not accept all this things.

2.how can we prove that she has already taken more than her share.

3.do court dont lesion the words of the father who has taken care of her from birth to date.

4.do court take the desition immediatly  once they file the case

 

thaks & best regards

jai



Learning

 5 Replies

Karanjit Chadha (Proprietor)     01 November 2013

I have come to know that Daughter ? grand daughter  do not have a share in their Father's Property. Kindly clarify

Karanjit Chadha

T. Kalaiselvan, Advocate (Advocate)     01 November 2013

The Hindu Succession Act amendment came into force in the year 2005, thus a woman married before that amendment or if the partition of the property has already taken place before the amendment came into force, the woman will not become a coparcener and will not be benefited by the amendment or will be entitled to a share in the ancestral property.

maha subhash (managing director)     01 November 2013

Now the position is very clear after the judgment of 20-12-2005.

A daughter is a coparcener  like a son and gets her right in the property by virtue of her birth and not by marriage. Only condition is Property should  not have been partitioned before the above said date.

1 Like

jai goud k (business)     02 November 2013

dear sir

thanks for the reply,

u mean she don't have right .

 

regards

jai goud

jai goud k (business)     02 November 2013

Dear subash

thanks for the reply,

for more clarification i want know date of birth considered from when.......

 

 

regards

jai


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