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Chidambaram (ASE)     20 March 2011

Equal Right of Property

I am of age 54. I have one brother(age 60) and one sister(age 55). My father expired on 1997 without partition of his property. After his death my mother made a Will to my self and my brother not giving anything to my sister. During the registration of the will my sister and her husband signed as a witness withe my sister consent in will in 1998. My mother expired on 2008. After her death my sister has given a legal notice to partition the father property like house and cultivating land in daily newspaper. The 3/4th of the house is being purchased from my father's sister after the marriage of my sister in 1972 by the financial help of my brother. This house is registered in my father's name. The cultivating land also is purely in the name of my father.

We also have published in daily newspaper against her legal notice. During this period we have sold 2/3 of the cultivating land leaving 1/3 of it. 

My sister married in 1970 and gone from our family. After 40 years she is asking equal rights of the property.  We know very well that as Tamilnadu Hindu succession Amendment Act 1989 w.e.f 25/03/1989 my sister is not eligible for respective property.

In these circumstances is my sister have equal right or not?

Kindly refer this case and let us know the nature of legal right.



Learning

 1 Replies

raj kumar ji (LAW STUDENT )     06 April 2011

DEAR CHIDAMBRAM JI ,

ACCORDING TO U UR FATHER DEAD INSTATE THIS PROPERTY IS UR FATHER SELF EARNED PROPERTY AFTER THE DEATH OF UR FATHER THE PROPERTY IS TRANSFERD TO UR MOTHER BY NOC OF UR BROTHER AND SISTER .NOW THE PROPERTY IS TRANSFERED TO UR MOTHER AND SHE WAS ALSO EXPIRED  UR MOTHER WRITE A WILL IN WILL UR SISTER AND SISTER HUSBAND SIGNED AS A WITNESSS

SO THIS IS THE POINT THAT WITNESS CAN NOT GET ANY BENIFIT CLEARLY .


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