• Property law for married women

Hi Sir/Madam,

My father has two siblings a brother and a sister. My aunty( father's sister) got married before 1980.. My father's brother passed away in early stage before getting married. My grandfather and grandmother passed away in 2002 ,2009 respectively. My father also died recently in 2012. Now my aunty is claiming for partition for asset (land). She is claiming for 50% of the share. My father gave lot of jewels for my aunty as well as money for her daughter marriage .My father had some loans(got by grand father) and we repaid by selling some land from my mother's property. We also did lot investment make it cultivational land(Planted coconut tree and borewell ). 
Now I have the following questions. 

1.What will be the share of my aunty will get if she goes for court?
2. Is anything can be claimed for the loan repaid (using my mother's property)and work done to make it cultivation land ?
3.They didn't involved in taking care when my grandparents are sick. Will it reflect anywhere if my aunty goes for court ??
4. We have given jewels but we didn't have any proof for the same. Will it be required when they go for court?
5. Patta document has only my mother name and my name. Is it valid now or they can claim against it ?
6. Is anyother provision/valid points to handle if the case is filed ?
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

15 Answers

if the said property is self acquired property of your dad she will no have any share in it. she may have share in ancestral property if she is legal heir of the same.if you have a legal agreement of evidence for the same it can be adjusted in the share of property of your dad. in court evidence or a witness is required to prove your case.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Dear Client,

If property in the name of your grand father then it will get transferred in to names of your father & aunty.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

1.What will be the share of my aunty will get if she goes for court?

Answer: If it is ancestral property then she will get a certain share. If it was self-acquired property of your father then only his legal heirs will get the share i.e. you, your siblings and your mother;

2. Is anything can be claimed for the loan repaid (using my mother's property)and work done to make it cultivation land ?

Answer: This has no relevance over here;

3.They didn't involved in taking care when my grandparents are sick. Will it reflect anywhere if my aunty goes for court ??

Answer: It does not matter that your aunt did not look after your grandparents. But use that as an emotional factor to show the judge that she is only hungry for property and not the people;

4. We have given jewels but we didn't have any proof for the same. Will it be required when they go for court?

Answer: Yes if you have given jewels then you should have made a record of it on stamp paper;

5. Patta document has only my mother name and my name. Is it valid now or they can claim against it ?

Answer: If the patta document has you and your mother's name then you have nothing to worry;

6. Is anyother provision/valid points to handle if the case is filed ?

Answer: Say that you are the Class I legal heirs. You are the only owners by the laws of Hindu Succession Act. Your aunt has malafide intentions. Your aunt is maliciously filing a case (if it goes to court).

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) Aunty has 50 per cent share in property

2) even if Aunty did not take care of her aged parents she would be entitled to share as parents died intestate

3) jewels are Aunty absolute property

4) patta does not confer title ti property

5) entry in revenue records is only for payment of property taxes

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

The Married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005. The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. You have not mentioned whose property it is.

2. If the property was originally owned by your grandfather then on his intestate demise it devolved equally on all his children irrespective of what was given to your aunt unless she had released her share through a registered release deed.

3. Your aunt's share is at par with that of your father.

4. Even if she did not tend to her ailing parents during their lifetime her share through intestate succession can still not be uprooted from her.

5. Giving of jewels is insignificant.

6. Patta is not a document of title, it is relevant for revenue purposes only.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

the Supreme Court had said that a daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Property which has remained undivided for four generations is ancestral property

2) if it is ancestral property and grandfather died before 2005 Aunty would have no share in the property

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

This is ancestral property and after the death of the parents she has equal rights in the property as this is Ram temperature is also vested in rest of the siblings

The cost of improvements is immaterial in this case

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Sir since the grand father was survived by the grandmother the exception under Hindu succession act applies and the the property shall be distributed according to the intestate succession laws meaning thereby the sister of your father shall have equal share of the property.

2.For the loan the aunt can be asked to pay equal share as she is reviving equal share in the property. if she does not agree a suit for the recovery of the same can be filed.

3. No this wont decide the property rights,

4 see if it was given in lieu of settlement then only raise the issue.

5. they can claim it .

6. sir it is better if you and your aunt amicable settle and you give them their proper share and demand for the amount of loans and development charges paid by you,.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See as per the rules before amendment if the coparcenary interest of any male member survived by female of the class first same was governed by the intestate succession meaning there by all shall have equal share.

6. Devolution of interest of coparcenary property

When a male Hindu dies after the commencement of this Act, having at the time of his death an interest

in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon

the surviving members of the coparcenary and not in accordance with this Act:

PROVIDED that, if the deceased had left him surviving a female relative specified in class I of the

Schedule or a male relative specified in that class who claims through such female relative, the interest

of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate

succession, as the case may be, under this Act and not by survivorship.

Explanation I: For the purposes of this section, the interest of a Hindu Mitakshara coparcener shall be

deemed to be the share in the property that would have been allotted to him if a partition of the

property had taken place immediately before his death, irrespective of whether he was entitled to claim

partition or not.

Explanation 2: Nothing contained in the proviso to this section shall be construed as enabling a person

who has separated himself from the coparcenary before the death of the deceased or any of his heirs to

claim on intestacy a share in the interest referred to therein.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Your paternal aunt being the daughter and legal heir of your grandfather is entitled to an equal share in the property at with your father.

Since they both are the only legal heirs or successors in interest, she is entitled to 50% share in the proeprty.

The investment by your father or the expenses he undertook for his sister or the loans he cleared are apart.

2. It was not an obligation that he had to sell your mother's property to invest in his father's proeprty. He knew it very well that he was not the absolute owner of the entire property hence there was no compulsion on him to spend so much money on that land.

That cannot bean excuse to deny the rightful share to your paternal aunt.

3. No, that is not the question of law, the law will look into her entitlement alone and not on the sentimental issues attached to it.

4. The court will not consider the jewels given at the time of her marriage as her share of property.

5. Patta is not the title document.

6. Better sit and talk to her and arrive at an amicable solution otherwise you will be left with no choice than to face them n the court.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

It is ancestral property for my grandfather. It is not owned by my grandfather.

Since it devolved on her father, she has a right to share out of her father's property, therefore whether ancestral property (as per your contention) or not, she is entitled for a legitimate share.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

On wbat basis do you call the property ancestral in the hands of your grandfather?

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi,

The aunt may ask for the 50% share in the property. You may claim for the repayment of loan. You are required to take all the defences mentioned here.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer