My grandfather died in the year of 2000 and my grandmother died in the year of 2010 , leaving ancestors property without any will . my father and 3 aunt was their children . now my father wanter to take the property on his name but my 2 of my aunts not willing to take share but 1 of aunt does not want any share .As of now i know according to Hinduism ACT 1956 that if father died before 2005 then sister can't inherit the property .may i know how far is this true and another statement said by SC that girl born before 2005 is eligible for equal father property share . please let me know what will be my father step.
My 2 of my aunts willing * to take share but 1 of aunt does not want any share from my grandfather property
The Hindu succession act is applicable only of father and daughter both were alive as on 2005.
As the hindu succession act was amended in 2005 to give equal rights to girls.
But in your case your grandfather died before 2005 so your aunts will not have any share.
The supreme court has clearly mentioned it is only applicable retrospectivly after 2005 not on partition open before 2005.
So your aunts will not have any share in property of grandfather though they can claim from mothers share who died in 2010.
What about the recent SC statement on Feb 2018. Daughter born before 2005 is equally eligible for father property.
Born before has right but if father expired before 2005 than the partition is open before 2005 in that case she donot have right.
The Apex Court said that the rights under the Hindu Succession (Amendment) Act, 2005 are applicable to living daughters of living coparceners (those persons sharing the inheritance of an undivided property equally with others) as on September 9, 2005...
Read more at: http://www.livelaw.in/law-on-equal-right-for-daughters-over-property-is-prospective-sc/
That judgement you are saying for born before the enactment of act 1956. If you need I will post the judgement .
1) as per provisions of Hindu succession amendment act 2005 daughters would have equal share in ancestral propertyonly if father was alive as on date of coming into force of amendment act 2005
2) in your case grandfather died in 2000 so his daughters would not have any share in ancestral property .
Kindly clarify on what basis you say it is ancestral property
2) property which has remained undivided for 4 generations would be ancestral property
3) if one of daughters does not want any share she can execute relinquishment deed for her share in property
1. If the proeprty left a father is ancestral and he has died before 2005 then the daughters have no share in it. This is the law as set by the supreme court.
2. So your aunt have no share in the ancestral proeprty of your grandfather since he has died before 2005.However of he has any self acquired proeprty then your aunt have sare in it.
3.However of your grand mother has any proeprty left then her son and daughters both have equal share. The concept of ancestral does not apply in the case of proeprty left a woman.
As per SC statement if the whole property belongs to my father why RI (Revenue Inspector aka TAHSILDAR ) asking to bring all my grandfather legal heir for the agreement. What would be my father step ? Why all legal heir need to be present as per SC statement if property solely belong to my father.
See inform the tehsildar about your grandfather death in 2000 and take. Death certificate with you that your father is heir of his property and the property is transferred to him automatically by virtue of Hindu Succession act.
But in your mother's share who died in 2010 all legal heirs will get share even sisters of your father that is why he is calling everybody.
See 1/2 share is completely of your father in other half share of your mother all legal heirs including his sisters.
Feel free.to call for better clarify.
Tehsildar wants to avoid legal complications
2) hence he is insisting that legal heirs of grandfather remain personally present
3) your father should produce relinquishment deed duly stamped and registered of sisters
File a suit for declaration that the property kis ancestral and you alone is its owner. File an injunction petition as well in the said suit so your aunts may not physical possession of the property or sell those behind your back.
If your father wants to get his name on mutation records than he can registered all his legal heirs on property.
a) if Tahsildar is asking to bring all legal heirs for no objection of the agreement, means if you are selling the property than all legal heirs should be present or give no objection certificate.
b) If you transfer all legal heirs name on property and do not sell the property and keep the property your possession till last , I don't think there will be any dispute unless n until you start selling the property.
Now as per supreme court judgement daughter is liable to share even father died before 2005. As per Hindu succession Act amendment 2005.
The main thing is that there should not be the partitioned of the property and plus father died before 2005, then daughters won’t get anything.
Legal heir certificate is required to transfer the property on your father’s name, and if challenge by the others the fight the case.
As of now i know according to Hinduism ACT 1956 that if father died before 2005 then sister can't inherit the property .may i know how far is this true and another statement said by SC that girl born before 2005 is eligible for equal father property share . please let me know what will be my father step.
Your grandfather's property upon his intestate death shall devolve equally on his legal heirs i.e., sons and daughters.
Your aunts are entitled to an equal share in the property at par with your father.
Your father cannot deny their claim in the property towards their legitimate and rightful share in the property.
Please not that this is not ancestral property to your aunts
My 2 of my aunts willing * to take share but 1 of aunt does not want any share from my grandfather property
The two aunts are to be allotted their respective and legitimate share by an amicable partition duly registered, also the other aunt has to execute a registered release deed relinquishing her rights in the property in common so that the other shareholders divide the property equally among them.
What about the recent SC statement on Feb 2018. Daughter born before 2005 is equally eligible for father property.
This ruling is for the ancestral property and towards the coparcenary rights alone and not the intestate succession as in your case.
As per SC statement if the whole property belongs to my father why RI (Revenue Inspector aka TAHSILDAR ) asking to bring all my grandfather legal heir for the agreement. What would be my father step ? Why all legal heir need to be present as per SC statement if property solely belong to my father.
Who said that the entire property belongs to your father alone? Your father is entitled to only 1/4th share in the property.
You dont misinterpret law or be misguided by false rumours without understanding the law.