Hi Sir, We are belongs to Hindu(Telangana state), my father having 3 elder sisters and two younger sisters. My grandfather was died in year 1962 and my two elder aunties were married before my grandfather dismiss. Later my father took the family responsibility and performed marriages for restaff 3 aunties before 1982 and sold 16 acrs out of 28 acrs for their marriages. In the year 1985 property transfered from my grandfather name to my father and also registered 5 acrs on my Mather name as gift. My grandmother signatured as a witness on registration. In the year 2010 my grandmother died, after that all my aunties filled case against my father for property share and still case inprogress in the session court. Do we have a chance to win the case ? As per latest supreme court restriction -- father & daughter should alive on sept. 2005 but our case my grandfather died in 1962. Kindly advise .. Thanks for all help, Kind regards, Lakshmi Narayana
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1) you have not mentioned whether it is self acquired or ancestral property of grand father
2) if it is self acquired property of grand father on his demise your grand mother , father , 3 sisters would have equal share in property
3) on grand mother demise her share would devolve on father and siblings equally
4) your father has only one sixth share in the 12 acres of land
5) the judgment of SC is applicable only in respect of ancestral properties and not self acquired properties
1. It appears your aunts have filed the case for share of the properties which your grandmother transferred to your father and mother 1985.
2. if that is so then on transfer of the said proeprty in the name of your parents they becomes its self acquired owner ad the proeprty would no more be treated as ancestral proeprty of your parents.
3.So the partitions suit fied by your aunts have no kerot and your success is writ large on the suit.
Hi Sir, It is ancestral property. My grandfather acquired from his father and my grandfather was died 1962 year without will and property ownership was continued on my grandfather name till 1985. In 1986 ownership was transferred from my grandfather name to my father & mother. Kindly advise
1) property which has remained undivided for four generations is ancestral property
2) in andhra pradesh daughter married before hindu succession amendment act 1986 has come into force will not have share in ancestral property
Andhra Pradesh “29-A(iv). Nothing in Cl (ii) shall apply to prior a daughter married to or to a partition which had been effected before the commencement of the Hindu Succession (Andhra Pradesh Amendment) Act, 1986”
3) your aunts would not have share in ancestral property as they were married prior to 1986
Since the grandfather died beofre 2005 his daughters have no share in the proeprty left by him.
The supreme court decision what you refer here is for the ancestral properties alone and not for the rights to a share of the properties that belonged to the deceased father.
Therefore your father's sisters can very well claim their share in their father's properties as a right provided their father was reported to have died intestate.
It is ancestral property. My grandfather acquired from his father and my grandfather was died 1962 year without will and property ownership was continued on my grandfather name till 1985. In 1986 ownership was transferred from my grandfather name to my father & mother.
If your grandfather acquired the property from is father then it becomes yor grandfather's own and absolute property. There is no question of ancestral property.
If it was ancestral property how did the ownership transferred to your father in the year 1985 when your grandfather is reported to have died in the year 1962.
Also from where did your mother get the rights in the ancestral properties if she is not a coparcener?
There is no question of ancestral property, hence your paternal aunts are entitled to a share in the property legally.