Share in partition of property
My name is Thejaswini. Iam 32 Years old (Female) born on 25th of August 1982. I live in Bangalore. I was married in the year 2005, February 18th.
About my Family:
Father who is aged about 65 years old who is a retired State Bank Employee
Younger brother aged about 25 years.
My Mother who passed away around 4.5 Years ago was a central Government Employee at the time of her death.
Case History:
1. There is a property of my grandfather (Fathers Father) at Bangalore which was his self-earned property. He constructed four shops and a house. He had four children. 3 sons and a daughter. The second son is my father. He (My grandfather) had not made any kind of will at the time of his death. After the death of his wife (My grandmother) and elder son, the remaining two sons and the daughter divided the property. The daughter filed a suit against the two brothers and the case was decided in the family court. The daughter was given 22 lakhs cash and 1/3rd of her mother’s gold. A decree was issued in both the brothers’ name marking their portions in the property. Total site dimension of 40*45 has been divided equally. My father got his share of 20*45.
2. My mother passed away around 4.5 years on November 29th 2010. She was a central government official working as an accountant in Postal department at the time of her death. The following properties are her self-earned properties:
• A house which is constructed on a site of 30/40 dimension in Bangalore.
• A site of 30/40 dimension in Bangalore.
• Along with this, her movables like her death benefits, retairals, jewels, deposits, investments which are in the custody of my father.
3. My mother died because of Cancer. She had a tumor in her uterus which was cancerous and had metastated into secondary tumors, spreading into her brain. The doctors had concluded that no treatment could save her. She was not in conscious for a few days but on 10th of October 2010, she regained her conscious and declared an oral will in front of the family members namely her husband (my father), Son (my brother) Her mother (my Grandmother) and her sister (my aunt) in my absence. She pronounced that the property needs to be shared equally between her son and daughter i.e. between me and my brother in the ratio of 50:50. There is no will that was made for this oral declaration of hers. Later my aunt and grandmother informed me the same about my mother’s will.
My Questions:
1. What is my share in the above said Ancestral Property? Can I claim my share through partition suite now, even when my father is still alive?
2. What is my share in my mother’s said property?
3. Can the witnesses be summoned by the court, for the oral will made by my mother? Will it stand as a witness in the court?
4. Can I get share of 50% of the property in accordance of the oral will of my mother?
5. In addition to this, since my mother was a Central Government Employee, her pension is been taken by my father post her death. My father also gets his pension as he was a State Bank
Employee. Do I have a share in my mother’s pension? If so, what is my share?
Kindly request you to do the needful.
Regards,
Thejaswini.
Asked 9 years ago in Property Law
Religion: Hindu
Dear All,
Firstly Thanks a lot for valuable feedback. But at the same time the confusions which i had before posting my questions got doubled now because of different views. Hence further posting the below question.
Property " X ", which was a house constructed in a site dimension of 40*45 by my grandfather (Self earned ) ( This grand father is my Father's Father) some where 1950's. He was having 3 sons and 1 daughter. Grandfather passed away without making will. Later Grand mother (Grand fathers wife / My Fathers Mother) also passed away with out any will. Out of 3 brothers and 1 sister ( My father + 2 brothers + 1 sister) one brother passed away (He didn't got married and he didnt had any hair) with out any will. So left out is My father, His one younger brother and One sister.
Obviously when there was no will by my Grandfather, all 3 i.e., My father, My Fathers Brother, and My Fathers sister will have equal share in that property. For the purpose of Partition, My fathers sister gone to court for Partition. The immovable property dimension of 40*45 was the biggest part of question, she asked am also the share holder of 1/3rd so she prayed to court that in my fathers property i need 1/3rd. Later both brothers decided and sister also agreed that, for her share of 1/3rd, both brothers will give 12 lakh and she will release her share in this fathers property. My fathers sister agreed to take 12 lakh from my father and 12 lakh from my fathers brother and she went off. Court ordered the decree that as sister is now out of picture, both brothers will have 20*45 & 20* 45 equally.
Now my question is, This property was from my ancestral (My grandfather), and my father got it from his father (Its not his self acquired property) and hence me, my younger brother, and my father, all 3 have equal share in this portion. How could this is not ancestral property when its not the self earned property of my father ?
The Hindu Succession (Amendement) Act 2005, Section 6, clearly gives right on ancestral property to daughter and son equally.
Then why i don't get 1/3rd share in my ancestral property. If not, Please explain what is ancestral and how it will get devolve ?
Thank you.
Asked 9 years ago
