Dispute over ancestral property and self acquired property
My father has two wives.First wife has three sons and one daughter and second wife has one daughter.Im the eldest son of first wife.
My father has got ancestral property and self acquired property.In April 1990,the self acquired property was partitioned among the sons by my father's consent through registration and the ancestral property remained unpartioned even after his death.My father expired on 23/10/2009and my step mother is still alive.Now my step mothers daughter has intended to approach the court for 1/6th share of each of ancestral and self acquired property. What will be the fate of partitioned deed and ancestral property?Please furnish the legal opinions with supporting court orders.
Asked 2 months ago in Property Law from Bangalore, Karnataka
1. The Self acquired property of your father's property which was partitioned and registered earlier amongst his sons is in order and it was your father's prerogative, being owner of self acquired property, to decide about his self acquired property. Your half sister cannot claim any right over her father's Self acquired property which was partitioned during her father's lifetime.
2..In the ancestral property, your half sister is entitled to equal share, along with other legal heirs, in view of amendment to Hindu Succession Act 2005.
The so called ancestral properties allotted as his shared to your father shall become his own and absolute property, it will not carry the label of ancestral in it.
The properties already transferred by your father in favor of his sons by a family partition and duly registered the same shall become absolute and no one can claim any share in it as a right.
Therefore your step sisters claim for a share in the self acquired properties which were disposed during the lifetime of yor father is not maintainable and cannot sustain.
However, if your father was reported to have died intestate, then the residual properties shall devolve equally on all his legal heirs .
You have not mentioned that whether your father married your step mother during the lifetime of your mother or after that. If she had married your father during the lifetime of your mother, then the marriage of your stepmother with your father is invalid and she is not entitled to any share in the properties of your father as a right.
1) as far as self acquired property is concerned your father could transfer it during his lifetime
2) your step sister cannot claim any share in said property
3) as far as ancestral property is concerned your step sister has equal share in said property
1. she cannot get any share in ancestral property if your father solemnised second marriage in subsistence of first marriage (means in the life of your mother).
2. according to personal law of Hindu, your father's second wife is concubine and her child has no right in father's ancestral property.
3. if second marriage is solemnised after death your mother then she can claim share in the ancestral property because second wife shall be called legally wedded wife.
A. Since your father died intestate (without will) that all class I legal heirs will have equal share over your father self acquired property. Class I legal heirs means mother, wife and children of the deceased (first and second wife children).
B. However, daughters cannot claim equal share over ancestral property as your father died before 2005. It has been confirmed by the Supreme Court in Prakash & Others vs. Pulavathi & Others Civil Appeal No.7217 of 2013 Case. Therefore, step mother daughters as well your sister cannot claim equal share over your father's ancestral property.
C. Apart from the above two points, you should understand what is ancestral property to ascertain share of the female heirs herein. If you want to establish ancestral property that it should have 4 generation and property flow shall be continued without interruption.