Satish Halemani (NA) 06 February 2012

Need clarification on hsa 2005

Hi,

I have some doubts with regard to inheritance of property by a female individual,

My grandfather has inherited say some 20Acres of agricultural land after death of his father.My grandfather has 2 sons and 2 daughters(all of them are married before 2005). Until now he has been secretively selling off some part of the inherited farmland and giving it to his 2 sons. Additionally all the agricultural income(farming is outsourced)from that inherited property is being distributed between both his sons only. Not a single penny is being given to his other 2 daughters. There is total gender biasing from my grandfather.

I would like to know the below,

1. If both the daughters are eligible to get an equal share of property and any income generated from the property as per HSA 2005.

2. Is there anyway to get the information of how much unsold property currently exists because my grandfather is refusing to diviluge those details.I believe there is some RTI act but am not sure on how it works.

3. Any provision for the daughters to get a share of the income already distributed between the 2 sons?

Thanks in advance

Regards,

Satish

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3 Replies

lawyer_rajiv (9811284735) (lawyer) 06 February 2012

as you have stated that the property is ancestral, even the daughters have an equal share in the property and the income of the same. a suit for partition and mesne profits may be the remedy in this situation.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 February 2012

Mr.Satish.

The property in the hands of two daughters & 2 sons is ancestral. meaning thereby all of them are equally entitled as of date, and owners to the extent of 1/5th each, and to the income accrued therefrom. The property seems to be still joint as there has been no partition.

The Daughters can file a suit for parition and rendition of accounts, seeking their share plus asking for accounts of income and how it was apportioned. Furthermore they can also seek setting aside of alienations (pieces of property disposed off) made by the grandfather because at most he could have sold property that belongs to him.

Feel free to seek any clarifications.

Best of Luck !

Bharat

Advocate (Delhi)

Convenor : Lawyers for Social Justice

Tel : 9810553252 (only 6 to 9 PM)

Aadi Keshav Reddy (Graphic Designing) 13 February 2012

Dear Sir/ Madam,

one 10th class girl came to my home after sifting my home to other place, she came to my house to stay with me, already from 2 years she is in love with me, her parents doesn’t accept her love, after she came to my home after 3,4 months i spoke with her parents your daughter came to my home i am going to pay her 10th class exam fees now we have to come there and accept her love, me also same cast and studying, and job also doing, I will marry her, we will be happy in future. they accepted and asked me come to their home they told me, in our area already knew that you two are done love marriage, I will be here also they knew my mother, my back ground also, i told them after 1.5 years or 2 years i will marry your daughter, they said ok, at list people known na just put one nuptial thread in front of god i did that for her,(not interested to do these things but she at that time she is good with me) we are living without marriage in public in their area with their daughter i told in public i married her and with my parents also i told i am in love with one girl, she also helping me to study some courses but i don’t lose career, and future. I told my parents i will marry her they accepted that and said first you complete your career next you her,,,,,, after some days we are living like family in front of public, in their colony after 3 month they came to scold me, and threw out me from her life lot of problems i got i can't say that,,,i came out side after 2,3 months she is calling me why ?, i don’t know? i asked her to please don’t hurt me like this, don’t cheat me then she and her mother told me 5,6 months u raped my daughter give me money or not i will give police complaint, about this matter, about past and photos of my wedding totally how i cheated by them with these i went to police station, if she wants marry legally i am interested or also i don’t want to hurt her i will leave her totally i asked them please help me sir but i am poor person i did night time security jobs to complete my computer courses and education till now i am going for best career i want to help my sister & mom. Finally they put case that 253 section because police officers also can't do anything if girl tell any wrong complaints, it’s done by them before 1.2 years i don’t know what i have to do, all evidence with me like marriage photos in front of her parents, If i done wrong with her, her mother also done mistake to send to put family with 17 years daughter and now i am asking her to leave me alone why you & your mother doing like this please help me or come to marry me, i begged her lot of times now she and her mother scolding me very bad and telling that u die i don’t want see you, you have to go jail or give me 5 laks rupees,,,,,,,,,,i don’t knew want to do after my paychee 2 years i am fearing to go jail and i having goals, and i want to help my mom and sister, i begging you all, and i am crying always, thinking always i am fearing to tell this story with photos, and phone records all are believing her and her mother words no body trying to get proofs about my past...................................please sir/madam help to achieve my goals, help me to give support my parents, i don’t want to cry like this always i don’t know what to do, i don’t want die without reaching my goals, i have done very hard work in my, i have completed lot of computer skills..................................please help me

munde cheppanu na life gurunchi aa ammai ki appudu vinaledu, aa ammai, valla amma mosam chesaru ippudu inkokarni pelli chesukuntondi, e vishyam final cheyakunda chala asabyanga matludutunnaru, eppudu aa ammai gurunchi alochistu, edustune vunnanu, chala badhaga undi maa amma, chelli ki help cheyaleka, na career set chesukoleka future ante chala bayanga undi please help me nenu emi cheyaleka roju edustune vunnanu. Na life nenu chusukuntanu nannu vadileyandi ilaga ani adugutunte, court lo “nannu champadaniki vachadu, rape chesadu ani cheptanu nuvvu life long jail lo vundali antunnarunext year na marriage antunnaru naku bayam vestundi chichi potanemo anipistundi nenu emi cheyalo artham kavadam ledu enduku na life ila ayyindo na future ento naku artham kavadam ledu…..dayachesi Sir/Madam help cheyandi