• Authority for women on land

Hi My grand father have land in Karnataka dont know whether it can be called ancestor property or inherited property or self property. In Khata I can see grand father name. After death of first wife he married one more. First wife have one daughter and second wife 5 sons and one daughter. He died around 1960. Grand father land was divided between 5 sons through orally no registration in 1995. I want to make partition deed now and registar land in each son name now. Do daughters born to first wife and second wife have any share legally. Do I need to mention them in partition deed. Recently one lawyer clearly said daughters after marriage they cant claim rights for all land partitioned before 2005. Is oral partition done at 1995 valid.
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

1) if it is self acquired property of grand father on his demise each daughter would have one seventh share in property

2) difficult to prove oral partition

3) in case you want to execute partition deed advisable to give share to all children equally

4) daughters would file suiit and seeks orders to set aside partition deed executed now

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) take title search in sub registrar office for last 100 years

2) if land was purchased by great grand father search report would indicate when land was purchased

3) further original sale deed in family possession would indicate the name of the purchaser of the property and year of purchase of land

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Property which has remained undivided for four generations is ancestral property

2) as far as you are concerned it is ancestral property

3) your sister has equal share in property

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Your aunts also have equal share in property and can file suit th claim share in property on the grand father demise

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. No Oral partition is valid.

2. Even registered partition deed depriving the daughters of the deceased person is illegal hence invalid.

3. All the daughters of the deceased person, irrespective of heir marital status, are entitled to equal share of their deceased father's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You have mentioned "In Khata my grand father name is mentioned as moola khatadar". So, it is clear that the title of the property does no longer flow from your great grandfather to you which is the basic ingredient for calling a property ancestral property. The title of the property stands in the name of your grandfather now.

2. Since it is not an ancestral property all your sisters have eqal share on the share of your deceased father of his father's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Ancestral property is defined by law as he property title of which flows from great grandfather to great grandchildren without any interruption by partition/settlement/gift deeds or by will.

2. In your case the title of the property clearly stands in the name of your grandfather disqualifying it to be called as your ancestral property.

3. For he above reason, all your sisters will inherit equal share of your father's share of his father's said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

under provisions of Hindu succession act daughters have equal share in self acquired property of father dying intestate

2) the amendments of 2005 gave equal right to daughters in coparcener properties by removing the discrimination that existed in the original enactment, the Hindu Succession Act, 1956 against Hindu women on rights over ancestral properties....

3) All that is required is that daughter should be alive and her father should also be alive on the date of amendment,”...

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. In your first post you had mentioned "Recently one lawyer clearly said daughters after marriage they cant claim rights for all land partitioned before 2005. ". It is actually as per the Apex Court clarification that daughters are not entitled to shares of ancestral property before the Amendment of the Indian succession Act passed in the year 2005.

2. So, it is in connection with ancestral property and not parental property. Definition of ancestral property has already been informed to you in my earlier post.

3. Even if some comment/advice/observation go against your desire, it can not be helped and you shall have to accept the fact and find the way out.

4. You shall have to ask your lawyer about the act and section or citation where it is written "daughters dont get share in Karnataka upto 1991".

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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