• Share in the property

I belonged to Tamil nadu.l am only daughter and eldest.Ihave two brothers.I was married in 1988. My father inherited agricultural land.Since there are no proper documents to obtain a loan from bank my brothers and my father made a partition deed without my knowledge dividing the landed prprty among them selves.Tlhey did not available any loan.When I asked how the partition can take place, they told me that since I am married there no need of my consent. They have not given any share.It was happened prior to 2005.Please clarify whether I am entitled to get a share in the said property. My parents are alive. Further if my brother who has two daughters gifts me a small piece of land from his share in 2015 without consent of his unmarried daughters is it valid.I want to reject it. What should I do.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

1) property inherited by your father from his parents would not be ancestral property

2) father can divide the property among his sons

3) your consent is not required

4)brother can execute gift deed without consent of his un married daughters .

5) gift deed would be valid

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. Since the proeprty was ancestral in nature and your father during his lifetime partitionerd the land ,on his death you will have share only in the land falling in the share of your father only.

2.The partitioner land will be treated as self acquired proeprty of your bothers and they during their lifetime can gift the same to you for which they do not require consent of their respective sons or daughters.

3. So if they gift you someland it is advisable you reeive it.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) As you have share in the property, but that depends upon your father and brothers how much they want to give you. The previous law is different and 2005 amendment share law is different.

2) Whatever you have got from your brother as gift take it don't deny. If your father is willing to give you share in the property than its okay to deny what your brother has given to you.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

This seems to be the acquired property of your father! He having received it under inheritance.

In the above circumstances, during the lifetime of your father, you could not have claimed this property and neither did he required your consent to dispose off this property in any manner.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

As per S.6(3) of the act, the Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenery property shall be deemed to have been divided as if a partition had taken place and,― (a) the daughter is allotted the same share as is allotted to a son.

(5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004

Thus, if a partition had taken place prior to 20/12/2004, then the daughters are not entitled to the share irrespective of their marital status.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear Madam,

Irrespective of date of your marriage and the date of partition, you are entitled for a equal share in ancestral properties as your father is alive. The gift deeds will automatically get cancelled if such portions of lands does not fall to the share of your brother. Immediately file a suit for partition. The relevant citation is as follows:

Daughter right

Law on equal right for daughters over property is prospective: Supreme Court ... 2005

The law, which gave equal right to daughters in ancestral property under the Hindu Succession Act, is prospectively enforceable and not with retrospective effect (as held by some High Courts in the country), the Supreme Court declared in its recent v...

A Bench comprising Justice Anil R Dave and Justice A.K. Goel, in its October 16, 2015, interpreted the succession law while setting aside the Judgment of the Karnataka High Court in the case Prakash v Phulavati of 2010....

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Yes you have a right in the said property and you should receive a share. Supreme court recently passed a judgement that amendments if 2005 Hindu succession Act gives right even to the woman in transactions before the year 2005.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Dear Client,

If the property is not acquired by great grand father, u had no right until father is alive. And after partition, u can claim share in land rest with him. And your brother is free to gift his personal property to u.

Upon partition/gift property becomes personal property of receiver.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This property belonged to your father even though it was inherited.

Since he is the absolute owner of the property, only he has full rights in the property.

His authority over the property cannot be questioned by anyone.

He can transfer the property to your brothers which is own decision and discretion.

Neither you nor any one can claim any share in the property as a right.

Even if you file any suit it will not be maintainable.

You may talk to your father and settle amicably instead of fighting a losing battle.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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