My father and his brothers distributed the land came from my grand father. My mother died when I was 12 years old (I have one elder sister) and my father got married to other women, and she has one son and daughter. Total land is of 25 acres. My father registered 0.5 acre of land to my step-mother daughter without letting me and my elder sister (We are first wife children). I this 0.5 acre registration to my sister is valid? can I fight legally against this? please provide your thoughts. I stay in USA, my elder sister stays in Hyderabad,India. The said property is in Choutuppal mandal, Yadadri district of Telangana state.
Yes this registration is valid.
The sakd property is self acquired property of your father and therefore during his life time he can dispose off the same in any manner he desires.
Note that an ancestral property is one which remains undivided for four generations.
Regards
Your father can legally make a gift deed of.his inherited property as it is his property and he can dispose.off according to his wish. So this gift deed by your father is valid and you cannot challange it.
Only in case of ancestral property you can challange but the fact stated by you.the property is not the ancestral property your father has succeded the property through succession and this is his right to dispose of property.according to his wish.
It is not ancestral property
2) property which has remained undivided for four generations is ancestral property
3) your father can execute gift deed in your step sister name
4) your consent is not necessary
1) No, you can't fight for that particular land of share as this belongs to ancestral property and she has equal rights in the property. Your father got married after your mother's death means his second marriage is also valid, and you all four children will get equal share in the 25 acres. As per Hindu Succession Act.
2) If your father is alive and he had given that 0.5 acres land to her than also does not matter. If today partition is made of 25 Acres. There will be 5 sharer, as per what yiu have explain I am assuming your father doesn't have any siblings.
So actually 5 acres of land can get each one of you. But still your father has given half acre o.5 what you have mentioned above. Cool
Thank you all for your answers, but the answers from Ajay Sethi and Ganesh Kadam are conflicting, I am confused. Can you please clarify the following doubts. 1) Can my father has rights to register the complete land in the name of my step-mother and step-sister and brother?. Don't we (Me and my sister) has any legal rights on this land or do we have equal right as said by Ganesh Kadam. The complete property came from my grand father.
It is not ancestral property
2) in your case it is self acquired property of grandfather and on his demise distributed among your father and his siblings
3) father is at liberty to execute gift deed for part of his land in favour of his wife and their children
4) in the event father dies intestate your step mother ,you and your siblings would be the legal heirs of land
1.If the land was divided between your father and his brothers beofre his second marriage then the land will acquire the status of his self acquired proeprty and hence he can make distribution of his property as per his own wish.
2.So transferring the entire land to only one of his children does not suffer from any legal infirmity.
3.If it was done beofre the division of land then the proeprty was his ancestral in which context he cannot settle the whole land in favour of one particular children depriving the other children.
1. Your grand father's property in your father's hands is his self acquired property and he has absolute right to deal with the property absolutely and his action of registering the property to your step sister is legally valid.
2. Your father has absolute right to register the complete land in favour of step mother, step sister and brother during your father's lifetime as it is his self acquired property.
3. In case of your father's intestate death (without executing WILL), then you and your sister shall have equal right along with other legal heirs provided the property is intact.
Until the Hindu Succession Act, 1956, was amended in 2005, the property rights of sons and daughters were different. While sons had complete right over their father's property, daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become part of her husband's family.
Under the Hindu law, a Hindu Undivided Family (HUF) is a group comprising more than one person, all lineal descendants of a common ancestor. An HUF can be formed by people of Hindu, Jain, Sikh or Buddhist faith.
These Are Your Rights Under The Hindu Undivided Family shares the rights that married daughters now have in their fathers' properties as per Hindu Succession Act, 2005:
Daughters' rights in Hindu Succession Act, 2005
Earlier, once a daughter was married, she ceased to be part of her father's HUF. Many saw this as curtailing women's property rights. But on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, was amended. According to Hindu Succession Amendment Act, 2005, every daughter, whether married or unmarried, is considered a member of her father's HUF and can even be appointed as 'karta' (who manages) of his HUF property. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons.
However, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005.
Equal right to be coparceners
a) A coparcenary comprises the eldest member and three generations of a family. It could earlier comprise, for instance, a son, a father, a grandfather, and a great grandfather. Now, women of the family can also be a coparcener.
b) Under the coparcenary, the coparceners acquire a right over the coparcenary property by birth. The coparceners' interest and share in the property keep on fluctuating on the basis of the number of members according to the birth and death of the members in the coparcenary.
c) Both ancestral and self-acquired property can be a coparcenary property. While in case of ancestral property, it is equally shared by all members of the coparcenary, in case of self-acquired, the person is free to manage the property according to his own will.
d) A member of the coparcenary can also sell his or her share in the coparcenary to a third party. However, such a sale is subject to the Right of Pre-emption of the remaining members of the coparcenary. The remaining members, however, have the “right of first refusal” over the property, to stop the entry of an outsider.
e) A coparcener (not any member) can file a suit demanding partition of the coparcenary property but not a member. Thus, the daughter, as a coparcener, can now demand the partition of her father's property.
The property is inherited not ancestral so yes your father has complete right to dispose it at his will in case your father has demised without any gift deed or will than you all would have right of equal share over the land.
Hi, the property from grand father has your share too.
This gift deed is valid.
Your father did not required your consent prior to transferring this 0.5 acre to your step sister by means of a gift deed.
The property inherited by your father post demise of your GF through partition, became the self acquired property of your father; and he is free to dispose off the same in any manner as per his wish.
1) Can my father has rights to register the complete land in the name of my step-mother and step-sister and brother?.
Yes, in case he so wishes; and in case does that, neither he requires either your or your sisters consent, no you both can object.
2. Don't we (Me and my sister) has any legal rights on this land or do we have equal right ?
No because grandchildren cannot claim a share in the self-acquired property of their paternal grandfather if it had been allotted to their father in a family partition in his capacity as legal heir.
1. Your father was the title holder of the said 0.5 acres of land which he has conveyed to your step sister by registering a deed of conveyance in her name.
2. The said transfer of property by your father to your step sister is perfectly legal; and valid.
3. Your father won't have to take anybody's consent including yours, to deal with his own property.
4. You have no legal ground to challenge the said act of your father and the said deed of conveyance he has registered in favour of your step sister.
1. The entire property was inherited by your father from his father.
2. Your father was the owner of the said property.
3. Your father has the rights to register the complete land in the name of your step-mother and step-sister and brother.
4. Had your father demised intestate, you would have got equal right on all the properties of your father as his legal heirs along with your step mother and her children.
Dear Sir,
The properties assumed to be ancestral properties, both wives of your father having equal rights that is half share each. Thereafter such properties shall have to be divided equally by the respective children of two wives. It appears what your father has did is wrong you may get issue a legal notice and file a suit for partition and for cancellation of above said gift deed transferring entire property in favor of second wife and her children.
You do not have equal right on the said piece of land.
Regards
The property inherited by your father from his father shall be his own and absolute property.
Nobody can claim any right in it and he has full rights to dispose the property in any manner as per his desire and decision.
Therefore the gift deed executed by him to your step sister is legally valid and cannot be questioned
In fact nobody has any right over his properties during his lifetime hence you cannot question his authority.
1) Can my father has rights to register the complete land in the name of my step-mother and step-sister and brother?. Don't we (Me and my sister) has any legal rights on this land or do we have equal right as said by Ganesh Kadam. The complete property came from my grand father.
You have been misinformed about the prevailing law in this respect.
The property belonged to your grandfather and subsequently it passed on to your father and his siblings via partition or settlement or any other legal mode.
Subsequent to this acquisition the respective share holders shall become the absolute owners of the property.
This means that they can transact with their respective share of property in any manner as per their own will and wish.
Nobody can interfere in their decision.
Therefore your father's decision to settle the property to his second wife and children begotten by second marriage is his own decision which cannot be interfered with.
In fact your step mother or your step siblings also do not have any rights in the property until they have been transferred on their names by executing a registered deed to this effect by your father.
Thus the law is clear in this that no one has any rights in your father's own and absolute properties at least not during his lifetime