kumar 11 June 2015

Women property rights before 1956..

Pls consider this situation and advise..

In tamilnadu, x has 3 sons(A,B,C) who divided thier property equally orally during 1890's..youngest brother C sold his share to A under registered sale deed during 1890's..other brother B dies even before marriage..A being the brother and only legal hier of B, became the entire owner of the property....A since the date of purchase was in possession and enjoyment and..Now A has 1 son(S) and 1 daughter(D) both are 90+ yrs old and living..The above said son(S) is in absolute possession and enjoyment and has valid patta on his own name from the last 30 years..The said son (S) also did partial setllement deed for his his wife(W) during 1980's..Wife is in absolute possession and enjoyment since the date of setllement..Now S wants to share his remaining property with his legal 2 sons.. Does her sister(D) have rights to get share from this property thoguh she born and married before 1956..pls advise..

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Jai Karan Nagwan (consultant) 11 June 2015

Women died before 17 June 1956 was holding life estate and property of father side will devolve on the last male heir of her father on her death. But if she alive on 17 jun 1956, she became absolute owner and right reversion will not apply, hence Property will devolve to her own heir. So in the present case woman is alive, she is absolute owner of the property, as such equally entitled for equal share.

kumar 12 June 2015

But her brother already did partial settlement out of this property to his wife and having join patta for the last 30 years..Can she still claim for it for equal share..Pls suggest..

Jai Karan Nagwan (consultant) 12 June 2015

This is joint/ ancestral property, if brother did any settlement, that he did with his own share. Though brother having patta since last years, that is illegal hence can not stand out even adverse possession. Moreover sister is copacener w.e.f. 2006 and hold same right as brother. So she can always claim her right.