I am from Hindu family. We have ancestral immovable property in Mumbai Suburbs. We have a land of 786.5 sq.mtr. On this land we have a house in which our family stays. This is a Coparcenary property On property card my Grandfather's name is there. My grandfather was only son without any siblings. He passed away in 1993. He had 5 daughters and 1 son (my father). Out of this 3 daughters have passed away. All daughters are married and having children. My father also expired in 2012. My father had 4 daughters and 1 son (myself). All are married. My question is does my father's sister and my sisters have any right or share in this property according to Hindu Succession ( Amendment) Act,2005? They are demanding equal share in this property. So please guide accordingly. I also want to know whether I can put my name in property card in place of my Grandfather's name? What are the legal procedures for the same.
My father's two sisters and one son of father's elder sister are staying in same house with their family in separate rooms. My one widow sister is also staying with her children in separate room. They all have their own ration cards and separate electric connections on their name using same address. We also have four Tenants. If our property is given for redevelopment to a builder then what will be the share of these peoples?
1. YES,SINCE YOUR FATHER HAS DIED WITHOUT ANY wILL, YOUR SISTERS HAVE EQUAL SHARE IN THE PROPERTY.
2.After the said amendment if the predecessor in interest dies 2005 onwards they his proeprty is equally devolved upon his sons and daughters.
3.So yours sisters sahre can not avoided and to resolve the dispute amicably get a mutual deed of partition executed and registered.
1) is it your grand father self acquired property:?
2) if your grand father inherited the property from his parents on his demise your father had one sixth share in property
3) on father demise his one sixth share would devolve on you and your 4 sisters
4)your aunts have equal share in the property
5) you cannot put your name in proeprty card to exclusion of other legal heirs
your aunts have one sixth share in the property
2)how long tenants have been staying in said premises?
3) for redevelopment of property you need tenants consent
4) they would demand their pound of flesh
5) further your sisters have equal share in father one sixth share in proeprty
1. If it were to be Ancestral Property, then after the intestate demise of your Grandfather in 1993, the share in the ancestral property would devolve into two parts, i.e., one equal share of 50% to your father (Grand Father's Son) and one equal notional share of 50% to your deceased Grand Father. Then this notional share of 50% of your Grandfather shall be further subdivided equally to 5 daughters (your aunties) and 1 son(your father) in the ratio of 1/6 th share each. In other words, each daughter(Your aunties) of your grand father is eligible for 8.33% share in the ancestral property and your father is entitled to total 58.33% share in the ancestral property.
2. In case of deceased legal heir, the share shall be further subdivided amongst his/her legal heirs. In the instant case, the 5 daughters of your grand father are entitled to get 8.33% share in the Ancestral Property, since their father(your grand father) died in 1993 much before the Amendment to Hindu Succession Act came into effect.
3. In respect of your father's share in the Ancestral Property, since he died in 2012 after the Amendement to Hindu Succession Act, your 4 sisters and you are entitled to equal share in the share of your father(58.33%) which shall be equally sub-divided into 11.16% in your father's share in your grand father's property.
4. Suppose we consider a different scenario and assuming that the property was your grand father's self-acquired property and in the intestate death of your grandfather, the property would devolve equally to your Grand Mother(if alive), 5 daughters and a son. In other words, each of your father's sisters, your grand mother and your father is entitled to 1/7th share in your grand father's self-acquired property. In case your grand mother not alive, then each of your father's sisters and your father is entitled to 1/6th share in your grand father's self-acquired property. In case of deceased legal heir, this 1/6th share shall be further sub-divided amongst his/her family members,i.e., spouse & children.
5. To mutate your name in the municipal records in respect of the property, either the other legal heirs have to give up their right over the property and release/relinquish their share in your favour by executing a registered Release/Relinquishment Deed or you can amicably settle their claim by entering into registered family settlement deed.
6. To engage a Builder for redevelopment of the property, the consent of all the legal heirs are a must.
Any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.
Ancestral property can only become an HUF property if inheritance is before 1956, and such HUF property therefore which came into existence before 1956 continues as such even after 1956. In such a case, since an HUF already existed prior to 1956, thereafter, since the same HUF with its properties continues, the status of joint Hindu family/HUF properties continues, a Classification of property under Hindu Law only in such a case, members of such joint Hindu family are coparceners entitling them to a share in the HUF properties.
An HUF can also exist if paternal ancestral properties are inherited prior to 1956, and such status of parties qua the properties has continued after 1956 with respect to properties inherited prior to 1956 from paternal ancestors. Once that status and position continues even after 1956; of the HUF and of its properties existing; a coparcener etc will have a right to seek partition of the properties.
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.
In your case the property is not comes under ancestral one. It should consider as your grandfather’s self acquired property. So after grandfathers death his legal heirs has equal share in the property. Your father has 1/6th share. You, your sisters and mother have equal right over 1/6th share of your father’s property.
So aunties have 1/6th share and you and your siblings have 1/30th shares in the property. Tenant has no share in the property. Before redevelopment of property you should evict the tenant amicably.Otherwise they also make claims over the property and you could not forcefully evict them from the property.
Actually this property is not self acquired property. It is transfered from last 5 to 6 generations. My Great grandfather was only son without any siblings and so was my grandfather. Tenants are there according to old pagadi system. What law says in this case? In that case also I cannot mutate my name in property card? Since my name is not in property card electric meter is no getting transfered on my name. I have to face problems in many cases.
If property has remained undivided for 4 generations it would be ancestral property
2) since grandfather died before 2005 your aunts would not have share in ancestral property
3) your sisters have equal share in property as father died in 2012
4) you cannot evict the tenants as they are there as per pagoda system and are protected tenants
5) you can evict them if you require property for personal use
1. Please refer to my previous answers for Ancestral Property under Sl.Nos. 1 to 3 and if that is followed you can get your name mutated in the property card of municipal authorities.
2. In the alternate way get an NOC from other legal heirs for transfer of your name in the property card for specific purpose of getting the electric meter in your name.
My question is does my father's sister and my sisters have any right or share in this property according to Hindu Succession ( Amendment) Act,2005? They are demanding equal share in this property. So please guide accordingly.
I also want to know whether I can put my name in property card in place of my Grandfather's name? What are the legal procedures for the same.
As this property belonged to your grandfather, upon his intestate death it devolved on all his legal heirs, i.e., your father and his sisters.
Thus the property is dividable into six equal shares with one such share to your father.
The other five shares are to be allotted to his sisters or to the legal heirs of the deceased sisters.
The share of your deceased father in the property, shall again devolve among all his legal heirs consisting his wife and children.
In the above circumstances you will be entitled to only one such share out of your father's share in the property which will get divided further into number of shares to the number of legal heirs of your deceased father.
Therefore, you cannot transfer the entire property to your name when there are several and various shareholders to this.
Any such move by you may be considered as an illegal act and an offence under anti landgrabbing act.
My father's two sisters and one son of father's elder sister are staying in same house with their family in separate rooms. My one widow sister is also staying with her children in separate room. They all have their own ration cards and separate electric connections on their name using same address. We also have four Tenants. If our property is given for redevelopment to a builder then what will be the share of these peoples?
In redevelopment, the tenants may not have any share however others would be entitled to their legitimate share as per the succession laws.
Actually this property is not self acquired property. It is transfered from last 5 to 6 generations. My Great grandfather was only son without any siblings and so was my grandfather. Tenants are there according to old pagadi system. What law says in this case? In that case also I cannot mutate my name in property card? Since my name is not in property card electric meter is no getting transfered on my name. I have to face problems in many cases.
The tenants who are in pagdi system may stake their rights to a share in the property based on the tenancy rights.
Your claim in this property shall again involve the succession laws.
You may better consult a local lawyer if you dont understand the explanation given in my previous posts.