I wanted to understand new amendment to ancestral property rights (Hindu), that happened in 2015 where my father died before 2005, do they have equal rights in ancestral property? My father was the only son of my grandfather and on my paternal grandfather demise, my father inherited it. My Father expired in 1992 survived by a wife, 3 daughters and 2 sons. All the three daughters were born before 1956. The property- which is a house for us and my brother's family, never partitioned since my grandfather demise. Daughters are claiming property rights and partition. Please suggest best legal advice.
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it is self acquitred property of grand father inherited by your father
2) on father demise you have one sixth share in property
3) it is not ancestral property
4) property which has remained undivided for four generations is ancestra;l property
5)amendment act 2005 only deals with rights of lady in ancestral properties . if it was ancestral property your father should have been alive in 2005 to enable you to claim share in said property
1. SInce you are from the province of Bengal ,I presume to be bengali.
2.If youa re Bengali then you are governed by the Dyabhaga law of succession.
3, The amendment in 2005 giving rights of succession to daughters which applies after 2005 as epr decsison of supreme court in 2015 does not apply to Bengalis. The amendment is meant for Mitakshara school of succession.
4.in other words for bengalis all the sons and daughters inherits proeprty of their predecessor in interest in equal shares irrespective of date of death.
5. If you are from kolkata you may feel free to contact me .visit www.acelegalfirm.com.
You have a right in your father's share in the property that remains unpartitioned till date.
The latest supreme court judgment will not be applicable to this position.
Further this property which belonged to your grandfather shall not be considered as ancestral property in your hand.
The share of your father out of his father's property shall be his absolute property in which as his child and one of the legal heirs, you are entitled to an equal share as per the succession laws.
You can seek partition and separate possession of your share in the property, if they dont agree or not willing for an amicable partition or arrangement, you may aproach court for relief and remedy.
Let me put it in this way (mailing from my daughter account): I am an elder son (retd.) married and have children 35 and 33 (married) and my brother is unemployed (married and have unmarried children age 16, 22), we are currently residing in that property (house) for last 45 years. We (brothers) are not favoured to partition as this is only home we have and our sisters (aged- 65 +) are affluent and well settled. They (Sisters) are now demanding for property rights. My children and my sister's children are 4th generations to that un-partitioned property (age of sister's children all are 30+ ). My mother is alive (age 80+) and stays with us. We are reluctant for partition. This is my grandfather property, inherited from my father (only son) and after my father demise, brothers are taking care of mother and house. Will in future, sister's children have rights on such property? Can we repair the house as it is in Dilapidated condition because we are restricted to repair by sisters?
1) sisters have equal share in property
2) if you don't agree to give sisters their share they will file suit for partition and seek equal share in property
3) on sister demise their share will devolve on their children
4) repair the house if it is in dilapidated condition . Essential repairs are necessary
Yes, since sisters have equal share in the property their children cna later claim share and if their demand is not met then they can file suit for partition.
So I would advise you to settle the dispute now and make a deed f partition wherein the reluctant sisiers may relinquish their shares so later on their children can not make any adverse claim.
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. what has been inherited by their respective predecessor.
The Supreme Court of India has said that women do not have the right to inherit ancestral property if their fathers died before September 9th, 2005. The view of the Supreme Court is that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on September 09, 2005, if the daughter were to become a co-sharer with her male siblings.
First you have to check the property is comes under the head ancestral property ?The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
In your case, the property is not comes under the head "ancestral property". So after the death of your grandfather the legal right over the property transfer to his legal heir his son and his wife. After death of your father the right over the property transfer to your mom and sisters and brothers. If the house is in dilapidated condition then repair the house. But remember that you have to settle the matter amicably.
1. The property which your father inherited from your paternal grandfather became his separate property and not ancestral property.
2. If the property is separate property of your father then the date of birth of daughters is immaterial. On the intestate demise of your father his property devolved through succession on his widow and all children equally. The share of daughters is at par with that of sons.
3. The daughters can cull out their share by filing a suit for partition in the civil court.
4. Nothing stops you from repairing the house unless there is injunction ordered by the civil court.
1. The subject property is not an ancestral property as per its legal definition.
2. it is your father's inherited property.
3. The Supreme Court judgment you have referred to is in connection with ancestral property and not related to father's property (inherited or self acquired).
4. Ancestral property is defined as the property title of which has flown for 4 generations i.e. from great grandfather to great grandchildren with any interruption through any deed (sale/gift/settlement etc) or Will.
5. In the instant case, all the legal heirs of your deceased father including your sisters have equal right on your father's said property.
1. The sisters can claim their shares of the said property which is inherited property of their father.
2. The daughters of yourself and your brother won't be able to claim any share of the property after your demise if it is not partitioned by you.
Since this was the property inherited by your father from his father, it becomes your father's own and absolute property.
If your father is not living and is reported to have died intestate, then this property shall devolve equally on all his legal heirs which included you, your siblings and your mother.
You have a right to partition and get an equal share and separate possession of your share and likewise other shareholders also.
Therefore instead of running behind court and cases with partition litigation, you all may settle the matter amicably and can draw a partition deed on mutually agreed terms.
This will be good for everyone because the share holders will increase at a later stage when one or the other legal heir is ding with the inclusion of their legal heirs for allotting their respective shares and more disputes and complications.
You are the better judge of the situation hence decide wisely and that too at the earliest.