• Documents required to claim share in parents property

We are 3 daughters and 2 sons to our parents. My father inherited some agricultural land and acquired some agricultural land. Father during his lifetime, he shared the entire property amongst 2 sons. RTC shows that all the land records are in the name of these 2 sons. Now my father is no more. Whether I can claim share in the property as one of the daughters. I married in June 1994. Further how to claim share and what documents are to be obtained to claim share. Is there any procedure to obtain documents. It is not possible to collect the same from my brothers. Pls advise.
Thanks n regards

Asked 3 years ago in Property Law from Bantwal, Karnataka
Religion: Hindu
1) Please clarify how was property transferred by father in name of 2 sons ?

2) was it by gift deed duly stamped and regd? 

3) take search of records and obtain copies of documents executed by father fore transfer of properties from sun registrar office 

4) if father had executed gift deed duly stamped and regd you would have no share in said property 

5) it is necessary to peruse the documents executed by your father to advice further 
Ajay Sethi
Advocate, Mumbai
44164 Answers
2561 Consultations

5.0 on 5.0

1. When did your father die?.
2. You say that your father shared the entire property amongst his 2 sons.  Was it during your father's life time or after your father's death by virtue of WILL executed by your father.
3. If only your brothers had got the property prior to 20-12-2004, then a claim cannot be made now by the sisters and if the partition was made b/w 20-12-2004 and 9-9-2005, you sisters have got a claim, if your father has died intestate(without executing a WILL) and if he had executed a WILL, the property would devolve to the beneficiaries as per the contents of the WILL..

The relevant portion is reproduced below:
"  The Hindu Succession Act, 1956, as amended, gives right to married or unmarried daughters to get a share equal to the sons in HUF property of father. This amendment is made w.e.f. 9-9-2005. However, proviso to S. 6 states that this amendment will not affect or invalidate any partition of HUF which had taken place before 20-12-2004. Therefore, if a partition of RMP (HUF) has taken place before 20-12-2004, the daughters cannot raise any claim. If it has taken place between 20-12-2004 and 9-9-2005, the daughters can raise their claim. It may be noted that the Hindu Succession (Amendment) Bill was introduced in the Parliament on 20-12-2004. That appears to be the reason for insertion of the above proviso".
4.Based on Point 3 above, if you are eligible to claim, you can get the certified copies of documents from the Sub-Registrar's Office of the jurisdiction. 
Shashidhar S. Sastry
Advocate, Bangalore
1615 Answers
106 Consultations

5.0 on 5.0

Hi, you are entitled to share in the property of your father only when there is no partition in your family, suppose if there is any registered partition between your father and your brother then you are not entitled to share in the property.

2.For getting the documents you have to apply certified copies in Sub- Registrar office and if the properties are ancestral properties then on the basis of RTC you can file a suit for partition.
Pradeep Bharathipura
Advocate, Bangalore
4527 Answers
202 Consultations

4.3 on 5.0

1. Has he willed/settled/gifted his entire property to his two sons duringb his life ime?

2. if yes, hen you have no claim on the saidproperty,

3. If he has not executed any such will/deed in favour of his sons, hen ou can claim share on the saidnproperty,

4. File a partition suit claiming your share of your father's property and in that event your brothers will produce the will/deed executed and egistered by your father, if any,

5. If your brothers cannot  file any such document then it will be easier for you to get your share of your father's property.
Krishna Kishore Ganguly
Advocate, Kolkata
18091 Answers
438 Consultations

5.0 on 5.0

1. How did your father transfer his property to his sons during his lifetime? Did he make a will in their favour? If yes, is the will probated? What was the age of your father when he made the transfer in favour of his sons?

2. If the property has been transferred by your father through a will and it has been probated then you cannot claim any share therein.

3. If the will has not been probated then you may claim an equal share in the properties.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

Send a legal notice to brothers for partition. If they send a replay, you can get an idea about how they obtained the right over the property.Then after file a partition suit claiming your share of your father's property,if needed incorporate the prior for set aside the documents created by your brothers for getting the property. 
The perusal of document is needed for further suggestions. 

Ajay N S
Advocate, Ernakulam
2756 Answers
44 Consultations

5.0 on 5.0

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