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Arvind (sqa)     15 April 2011

Women Right for property

Hi All,

We are two brothers & a sister. We are planning to sell our property (35 lakhs)but my sister is also asking for share in the property. Her marriage was donn by herself(eloped ..registered marriage) with out our consent and still we have accepted them and gave money when ever they require it ( gave a plot worth Rs.2 lakhs + Cash Money 3 Lakhs for Australia Settlement + Dowry around 3 Lakhs + Other things). We would like to have a cordial relaitonship but she is planning to go legally against us.

Could you please let us know the women rights against property ?

What are our positive factors which can help us ?

Any other suggestions ?

 

Thanks,

Arvind.

 



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 April 2011

In view of amendment of Hindu Succession Act sec. 6 women are coarceners they have got equal rights  in the properties.

Whatever you have given to your sister wont be considered.  Your sister has to equal rights in the properties.

M.Sheik Mohammed Ali (advocate)     15 April 2011

your mentioned property either ancestral property or selfearned property, if the property is ancestral property all legal heirs have rights to equal share without her religuish deed.

Arvind (sqa)     15 April 2011

Hello Rajeev & Ali,

Thanks for your replies.

The property is acquired as a share among 4 brothers from my grandmother (grand father expired), and my father constructed some portion on top of that property. Currently, the house is registered on the name of my mother. So, I am not sure whether it is considered as ancestral property or selfearned property.

Dont we have any right on the cash & other land that we gave to her ?

Thanks,

Arvind.

Arvind (sqa)     15 April 2011

To be more eloborate. My grand father had 2 houses ( 10 lacks each). So, he distributed the two property to this two elder sons and asked the elder sons to give 5 lacks each to his two younger sons. So, even in this case 5 lacks is my father self earned propert & other 5 lacks is acquired property.

 

Any comments on ths ?

surya kaliyamoorthi (Assistant Legal Manager)     18 April 2011

Dear Aravind,

Your sister have equal right as like you and your brother on the above said property.....Because the property is not acquired by you...........

raj kumar ji (LAW STUDENT )     18 April 2011

sister have equall right on that property .agree with rajoo sir

Anjan Sahu (Student)     19 April 2011

Respected lawers,

Could you please clarify my doubts?

All of our properties on my grandmothers name ( Fathers mother ).My gorandmother has 3 children , they are  My Father,My uncle ( Fathers brother ) and my aunty ( Fathers sister ).My Grandmother and Grandfather  died since a long time ' more than 25 years' and still the properties on my grandmothers name.

My aunty ( Fathers sister ) has 6 childers all are above 25 years old.Now my aunty is demanding half of the properties as all the properties is on her mothers name ( mean to say on my grandmothers name).

Could you please suggest , if she should get equal share as my Father in this age . Her age will be arount 65+

surya kaliyamoorthi (Assistant Legal Manager)     19 April 2011

all three of them having equal share on the propety........

share is devided by 3... hope i am right......

sanjoo (dm)     19 April 2011

Your grandmother's property is divided in to three equal shares out of which one share is for your father's. Now this one third of your grandmother's property (your father's share) is again divided into three equal share (one for you, one for your brother and one for your sister). If your father made any will of his share then the case will be different. Your matter is complicated because as you mension that one property is in name of your mother. How your mother's name is entered? Please give some more details or approach any expert lawyer.

surya kaliyamoorthi (Assistant Legal Manager)     19 April 2011

Dear Sanjoo,

Where he has confirmed the property in the name his mother..........?

sanjoo (dm)     19 April 2011

Oh, i had some misunderstanding..


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