Property rights of daughters married before 1989 (tamilnadu)

if your grand father had died intestate and your father had acquired the properties of your grand father by virtue of legal heir, and IF NO PARTITION WAS EFFECTED BETWEEN (FAHTER AND AUNT), then your aunty is eligible for a share, irrespective of LANDS given by your father and grand father at the time of marriage, Yes you can mention the same in partition suit to reduce her share considerably.

If the change in name from your Grand Father to Father was done while Grand Father was alive, then it is a gift from him to your father, and no partition will be required. If the transfer was through will, then also no partition is required. If your GF died without a will and land was subsequently transferred in your father's name, then only a partition will be required, as advised by learned Adv Raghavan.

First of all, Thank You Mr.Sumeet Gupta & Mr.Ragavan for your kind replies.

My Grand father died on 31/08/1989. All the lands documents were transferred from my Grand father to my Father's name during the year 1978 itself while my Grand father is alive.  My Father died on 31/08/2000 and all the land patta / survey numbers documents are came jointly in the name of all three (Myself, My Mom & My Sister) of us.

My Grand Mother was died on 17/10/2004. Also Kindly confirm me whether my Grand Mother have any rights in my Father property his death. If so, then clear me whether my aunt have rights in my grand mother partition of my father property?

If the land was transferred to your Father during your Grand Father's lifetime, then it is gift from your GF to his son, and your aunt cannot claim any share in the same, either directly or through your late Grand Mother. In any case, the time period for your aunt to claim a share in your GF's property has apparently already expired due to the statute of limitations, since your GF passed away in 1989 and the time period allowed is ordinarily 20 years for immovable property.

If your father had died intestate, then as class I legal heir your grand mother do have a share, if partition was effected at that time, if no partition was effected your aunt cannot claim any share now.

In continuance to the above, if any partition was effected after your father demise, leaving your grand mother from partition deed, that document is invalid and your aunt can contest that deed.

Once again its glad to receive positive feedback behalf of me from Mr.Suneet Dutta & Mr.Adv.Raghavan.

After my father death on 31/08/2000, My grand Mother ,My mother, My Sister & my Mom were jointly having the rights of the property in the name of Kootu patta in Tamil which means joint property. I become Major (completing 18 yrs of age) on 23/05/2004 and My sister sister become major on 2/6/2006. My Grand Mother was one of the joint share holder on our property and she was died on 17/10/2004.  All the property (Agricultural Lands) are ancient property and not made by my Grand Father by his own hard work.  

I was refused to marry my Aunt daughter. So my Aunt and My Grand Mother were angry over me. My Aunt is demanding the share in the property now.

  Other thing is that , My Grand Mother have wrote a deed mentioning that She is giving 6acres of the land from the Joint property of 16 Acres. The deed was wrote and registered on 2003. As per my assumption this deed is valid , only if  my Mother and grand Mother both are jointly signed as the property is joint property. This deed should be a false document only.     

                Kindly Confirm me whether this deed is valid or not with a single person opinion only or single person (My Grand Mother) signature only ?  

Once again its glad to receive positive feedback behalf of me from Mr.Suneet Dutta & Mr.Adv.Raghavan.

After my father death on 31/08/2000, My grand Mother ,My mother, My Sister & me were jointly having the rights of the property in the name of Kootu patta in Tamil which means joint property. I become Major (completing 18 yrs of age) on 23/05/2004 and My sister sister become major on 2/6/2006. My Grand Mother was one of the joint share holder on our property and she was died on 17/10/2004.  All the property (Agricultural Lands) are ancient property and not made by my Grand Father by his own hard work.  

I was refused to marry my Aunt daughter. So my Aunt and My Grand Mother were angry over me. My Aunt is demanding the share in the property now.

  Other thing is that , My Grand Mother have wrote a deed mentioning that She is giving 6acres of the land from the Joint property of 16 Acres. The deed was wrote and registered on 2003. As per my assumption this deed is valid , only if  my Mother and grand Mother both are jointly signed as the property is joint property. This deed should be a false document only.     

                Kindly Confirm me whether this deed is valid or not with a single person opinion only or single person (My Grand Mother) signature only ?  

from your statement it is clear No partition was effected after your fathers demise. when partition was not effected your mom and grand mom were managing a property, which involves minor share also,with the help of Kootu patta,(without  valid document how come it got transferred to the names you have mentioned, is a million dollar question). When partition was not in place, your grand mom have no right to go for gift deed or settlement deed,whatever it may be, to  the concerned person. That itself is not valid,even if your mother had signed it is not valid ,because the property involves minor share. Finally from the statement, it is crystal clear, that no partition was effected  earlier and till now, so your aunt is not eligible for a share,and the deed you are mentioning is also not valid,you can contest the same and get it nullified.

After your last post the case is a little complicated - the land was ancestral and not self-acquired by your grand father. I am not sure of the succession laws specifically in Tamil Nadu, but as per the Hindu Succession Laws, a daughter has no rights in HUF property, after marriage. Therefore, after your Grand father's death, your father succeeds to the ancestral property and your aunt does not have a share.

Even if your grand mother was alive at the time of your father's death, and acquired some rights in the property, she cannot alienate the same in favour of your aunt. Since, the property was originally in your father's name, the same will be inherited by his direct descendants only.

I suggest you consult a local lawyer to confirm the local nitty-gritties and the applicable succession laws.

Thank you Mr.Raghavan Sir and Mr.Suneet Gupta. 

Now I am clear that my My Grand Mother was not in the role for the joint property after my Father death.    Since the land was in my Father name, those lands were automatically transferred in to joint property of us (My self, My Mom & My Sister).  Any way I 'll check by applying the Encumbrance Certificate for our total property for at least for last 30 years and make it clear. But after my father death on 31/8/2000, My grand Mother was also one of the Legal Heir Jointly with My Mom.

One thing to state is that , My Mom have sold 2.5 acres of Land to My Aunt (Parameswari) during year 2000. We both (my self and My Sister) are Minors at that time. My Mom only made signature in that document and we both (my self and My Sister) have not signed the document since we are Minors.

Kindly Confirm me whether this property sale is valid with out my self and My Sister signature?. Other than that, in the sale document it is clearly mentioned that they are giving some amount of money for supporting our school education and also they will settle my Father's Pending loans and borrowed amount from others which was took by my father when he was alive. They simply registered the land in my Aunt name and managing the same land.  

The loans and pending borrowed money which are mentioned above are settled by me only and not a single rupee settled by them. Also Until now they never gave money to me for the settled loan and settled borrowed amount. Now I wish to break this sale document and I wish to obtain the same land from them. Kindly confirm me whether it is possible to do so? I am ready to give the balance extra amount also but I need the land. Is it possible to get from them legally. More over those land patta documents are still in our name only. Only a sale document was registered in my aunt name. I sit valid sale document or not?

 

Please reply me..Sorry for in convenience

 

Also kindly get me a clear procedure or list of activities which involved for invalidating the deed which was wrote and registered by My Grand Mother. 

Hello sir, Greetings, My mother was married before 45 years. my grand father has 12 children in that 6 were died after birth/in child stage 6 are still alive. my grand father expired before 30 years and grand mother died before 23 years and my GF was maintaining 1.5 acre of land and 4 houses (from his grand father shared but not legally registered). Now my uncle trying to register the property without my mother willing. my mother asked him for her share in property.he refused to share the property. (even he did not commit any hindu culture functions like pupperty or marriage / death in our family. he simply rejected girl child born with him except one.) can my mother claim her property rights via indian hindu law.

please guide us. thanking you

Dear Sir, We have property near by chennai of land grama natham. My grandfather's father has divided property by using will mentioning the property rights is only to the male legal heir in 1923 and registered that will. The scheduled property of my grand father's has been sold out 85% for their expenses by my grandfather and father by 1981. Now we having only 15% property balance which we living in that house only. My father has 5 daughters and 2 son (includes me). all daughters got married before 1980 itself. my father died in 1999. We are paying all house taxes , eb bill , water tax in the name of my self and my brother seperately for 10 years. we hav kalainchar free patta for house in my name and my brother name seprately. and we have only will copy registered in 1923. after that no partition made so far. now my sister's claiming share for balance 15% of property . is we want to share to them as per law. kindly help me for this ...