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Vasu   03 May 2023

Does women get property who got married before 1986

Hi, I am 50 years old and from Andhra Pradesh state. I have 2 elder sisters who got married in 1977. My father and me jointly purchased a property in 1995. He put the property (land) on his name as he wanted to have it until he die. He passed away 2 years back without writing any will. Last year my mother has changed the property to her name without my consent  but EC is still in my fathers name. Now she want to give that property to my sisters who were married way back in 1977. 

Does the 1986 Act (women has equal share with men) applicable here for the women who got married before 1986?

The property was purchased by me and its all by my hard earnings. As we are a joint family, the property was kept on my father's name. Now my sisters are planning to get it freely by taming my mother. Since it is in my mother's name now,

1) Does she has the right to give the property to my sisters?

2) Can she give all the property to them without my consent?

3) How much share i am legally eligible get when my mother is alive.

4) How can i get my property which is my hard earned.



Learning

 4 Replies

P. Venu (Advocate)     03 May 2023

"The property was purchased by me and its all by my hard earnings" - Is it that your father bore no expenses at all? Have you nay evidence to substantiate this claim?

"Last year my mother has changed the property to her name without my consent" How? Was any deed executed to that effect or that change has been carried out in the Revenue Records? 

Please post all the material facts. Kindly avoid subjective opinions.



 

Dr J C Vashista (Advocate)     03 May 2023

It is Hindu Succession ( Amendment Act, 2005) but not 1986.

It is applicable retrospectively i.e., before 25th September 2005 its enactment, accordingly women even if she got married in 1986 is entitled for an equal share in the intestate and ancestral properties. 

Question-wise answer is as under:

Q 1) Does she has the right to give the property to my sisters?

Ans: Yes she can give out of her share.

Q 2) Can she give all the property to them without my consent?

Ans: As above

Q 3) How much share i am legally eligible get when my mother is alive.

Ans: Calculate yourself

Q 4) How can i get my property which is my hard earned.

Ans: Through a transfer (Sale, Gift or Relinquish) deed executed by mother and sisters for their shares in your favour.
 

 

T. Kalaiselvan, Advocate (Advocate)     03 May 2023

The daughters are entitled to an equal share out of their parents properties as per Hindu Succession Act, 1956 if the parents are reported to have died intestate.

1. First of all your mother cannot acquire entire property that was lying on her husband's name for herself, this property shall devolve equally among all the legal heirs of your deceased father, hence you are entitled to an equal share in it, if your mother is still proceeding adamantly, then you can file a suit for patition  and claim your legitimate share in the prioperty with separate possession.

2. No she cannot.

3. Whether your mother is alive or not, you are entitled to one equal share in the property at par with all the other legal heirs of your deceased father, provided the property  is on your father's name by a registered document.

4. You can file a suit for partition and claim your rightful share. 

Sudhir Kumar, Advocate (Advocate)     04 May 2023

Originally posted by : P. Venu

"The property was purchased by me and its all by my hard earnings" - Is it that your father bore no expenses at all? Have you nay evidence to substantiate this claim?"Last year my mother has changed the property to her name without my consent" How? Was any deed executed to that effect or that change has been carried out in the Revenue Records? Please post all the material facts. Kindly avoid subjective opinions. 

 

 

 Please clear the doubts raised by Mr Venu which ar relevant to understand your problem.


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