Hello,
If there is a registered will then yes the daughters are excluded but if there is no will in existence then you have the right to get share in that property .
Regards
Property disputes between 6 sons and 4 Daughters for the past 37 years still the case is pending in the high court .Recently Patta has been found saying that property share are only for Male heirs.
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Hello,
If there is a registered will then yes the daughters are excluded but if there is no will in existence then you have the right to get share in that property .
Regards
1) Patta is not a document of title and patta will not create or extinguish title in property
2) wait for decision of HC in your pending suit
3) seek expedited hearing of your case pending in HC
You can file a ownership suit in court to officially declare that you are the owner. That's all. Nothing more is needed Regards.
See the patta can be filed as additional evidence with an application that it is found now only further if case is pending then the dispute shall solved by decision of court only.
Patta is not a title document and there isno suchrule or law under the Hindu succession act that the property left behind by the father shall devolve only on his male heirs and that the female heirs are not entitled to any share.
Patta is not an authority to decide about the entitlement of shares of the daughters.
For further opinion, the referred document has to be perused, hence better consult a local advocate on this and get an opinion in person.
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. Your case about 37 years back, so please check when the patta has been updated or name changed.
My grandfather had brought property in 1950 . In 1952 he kept this property as his share and inherited other property which he had before for 6sons and 2Daughters,where 2daughters born on 1957 & 1958. In 1963 he again gave property(i.e.,1950) to only for 6 sons from the share which he had kept under his control and 1964 he got a Patta on 6sons for some Portions.In 1970 he gave shares for 6 Daughter in Laws and for 2 Daughters from the Remaining Property which he had.
it is self acquired property of grand father
2) since suit is pending in court wait for orders to be passed by HC in said suit
3)grand father could have during his lifetime sold or gifted property to his sons
With out knowing that Patta had been taken on 6 sons which has been Registered the case has been filed by one of his Son 37 years before asking for 5 shares out of 11 Shares including his mother Share also, since he brought the shares from 3 sisters and Mother the case is still pending in the High Court. Note: The Patta has been found Recently. To whom the Patta Shares belongs to?
patta does not confer title to property
2) it is only for payment of property taxes
3) if grand father had not executed gift deed in favour of his sons then all his legal heirs would have equal share in property on his demise
Daughters have no right, if father has given his properties to son in his life time.
Not getting your 3rd query.
The property is self acquired by grand father and he has absolute right to dispose same so the patta can be bought on record before the high court.
If patta was willingly registered in favour of son then they will have right over the road property.
Firstly the patta is not a title document.
Nobody can claim any rights over the property on the basis of patta on their name except the registered title document on their name.
Since your grandfather has divided his property among his sons and daughters and also in favor of daughters in law and have got the patta also on their names, it means he has got the property mutated on their names after giving them their share in the property.
The partition suit filed by one of the sons may not be maintainable as the properties were the absolute properties of his father which was duly partitioned during his lifetime and to evidence the same the mutation records are also available.
If you are defending your interests in the property, you may utilise the patta as documentary evidence to support your defence.