1. Collect the survey number; khatha; EC and revenue extract and send a notice demanding equal share. If they fail to respond file a partition suit.
Regards
G.Rajaganapathy
Ancestral Property daughters share denying by brothers
My father has ancestral property 3.00 Acres land in Karnataka I am the daughter with 5 siblings (4 brothers and one sister). My father died on 01.06.1992. Property title was in the name of my great grandfather. recently property title has been changed to my mother by our 4 brothers without intimating to me and my sister. My mother is ready to give share to me & my sister but my brothers are denying to giving share to daughters. One more my father ancestral property 6.24 acres title in the name of my father here also brothers are denying to giving share to daughters Kindly let me know how to take the share in 3.00 Acres land presently in my mothers name and my father 6.24 acres share presently little in my late fathers name.
Asked 6 years ago in Property Law
Religion: Hindu
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16 Answers
Did your brothers relinquish their share in property to transfer property in mother name
2) kindly clarify
3) since father died before 2005 you have no share in ancestral property
1. You and your siblings are entitled to equal share in the ancestral property.
2. Send a legal notice to your brothers, for getting your legitimate share in the property, alongwith your similarly placed siblings.
3. File a case in the competent civil court for declaration, partition and separate possession of the property by metes and bounds.
Property title transferred to my mother from my great grandfather… For transferring title to brother’s names in future… But while transferring title from my great grandfather to mother, brothers are signed and no objected with village accountant docs for create mutation. Kindly confirm can I take my share through gift deed or partitioned deed from my mother, without brother’s signatures or their presence. One more my father ancestral property 6.24 acres not partitioned till date it is in my father’s name only but he died on 01.06.1992 without any will, can I eligible for share in this property or not. Since my father died before 2005.
Asked 6 years ago
ylu Can file suit for partition to claim share in 6.24 acres of land standing in deceased father name and land standing in mother name
1. How title of the property got transferred from your great grandfather to your mother?. Was it through Gift Deed or WILL or Release/Relinquishment Deed from all the entitled family members (legal heirs) or NOC from all the rightful legal heirs.
2. If the query to the question under Sl.No. 1 is clarified, then the correct opinion can be given.
3. Regarding your reference to another property of 6.24 acres, each one of you is entitled to equal share, irrespective of your father's year of death.
Dear Client,
Daughter is entitle to equal share along with brother and mother i.e. 1/6th share each. Mother can give only her share by GIFT in her life time or through WILL - effective after death. YOU can claim your share by filling partition suit. Transfer in mother`s name dose not effect inheritance right.
You had equal right even at the time of your father`s death.
If brother`s agree than partition deed will execute.
Even though your father died before the amendment to Hindu Succession Act that took place in 2005, further judgements from the Hon'ble Supreme Court has held that irrespective of the date of death of father, the daughters' are also entitled to equal share in the property and the daughters' are also coparceners as that of sons. Hence daughters' are also entitled to equal share in the property on par with their brothers.
1. Actually while registering your mother's name as Khatedar, NOC should have been obtained from all the legal heirs, viz. 4 brothers and 2 sisters.
2. All the affected siblings can now represent to the jurisdictional Tahsildar, to include names of all legal heirs (including your mother) in the RTC and in the Mutation Register by furnishing the certified Family Tree.
3. As per your narration, your mother's name has been mutated for the property in view of Pouthi Katha and only 2 brothers have given NOC and the remaining 2 brothers and 2 sisters are not party to that. Therefore, your mother is not the absolute owner of the property and she can at best gift her entitled share in the property to you by executing a registered Gift Deed or your mother can execute a WILL for her share in the property and your brothers' NOC is not necessary..
Transferred through pouthi khatha (after death of great grandfather) and no objection given by only brothers to Village account for mutation. Not executed any NOC or any other deed for changing the name to my mother from great grandfather...and not taken NOC from daughters. Can i take my share from mother through gift deed or any other deed? Without brother NOC..
Asked 6 years ago
Mother can execute gift deed for her share in property
gift deed should be duly stamped and registered
The property, though your father inherited from his father, shall be his own and absolute properties since the nature of ancestral property extinguished upon the partition and subsequent transfer to the heirs of the deceased.
Now upon your deceased father's intestate death the properties remained on his name shall devolve equally on all his legal heirs i.e., wife, sons and daughters.
Therefore the transfer of three acres of properties to your mother's name is not legally valid, she can get only her own share and not the entire property.
You can file a partition suit seeking division of properties and separate possession of your legitimate share in the properties left behind by your deceased father.
If your mother acquired the property from her own grandfather then that becomes her own property.
She can very well give a share in that property to you as she is the absolute owner of the property, for this she need not have the permission or consent of yor brothers.
The properties lying on your father's name shall devolve equally on all his legal heirs, hence you have a right to a share in that property consisting 6.24 acres, you may file a partition suit claiming your legitimate share and separate possession of the same.
If it's an ancestral property, your mom can't execute any valid gift deed as she is not the absolute owner for the said property. It's better you all execute a registered partiion deed with consent else file a partition suit in civil court
Your mother can transfer your share in the property by executing a registered settlement deed also.
For this she need not take the permission of your brothers.
Your mother can transfer your share in the property by executing a registered settlement deed also.
For this she need not take the permission of your brothers.
Your mother can transfer your share in the property by executing a registered settlement deed also.
For this she need not take the permission of your brothers.
For your share, no gift deed required but only partition deed. Mother share you can get by gift or WILL. No NOC from brother require.
1. if the property is the self acquired property of your father then you have a share in it
2. however if it is an ancestral property then since your father died in 1992, you do not have any share in the same
3. so first you need to check what is the nature of the property
4. also if one of the plots is transferred to your mother's name by a registered document, then she can make a gift deed in your favour without taking any NOC from your brothers
Dear Madam,
You are entitled for a share. Please see the following. Immediately file a partition suit. Mother cannot execute such documents as she is not the absolute owner of the property.
Daughters Born Before 2005 Have Equal Rights To Ancestral Property: SC
In a landmark decision, the Supreme Court of India (“SC”) upheld the right of a daughter to be entitled to an equal share as a son in an ancestral property, including daughters who were born before the Hindu Succession Act, 1956 (“HSA”) came into force. The judgement was delivered by Justice A.K. Sikri and Justice Ashok Bhushan on February 1st, 2018 in the matter of Danamma v. Amar.
Dear client
You have to file partition suit Under hindu succession act in the court of civil judge to make the fair and equal partition among 6 of the children and for that you have to obtain legal heir certificate from Tehsil office that you and your sister along with your brothers are legal heir of your Father.
With help of this certificate you can claim the share of property in partition suit you have to make the mutation and tehsil as Respondents for partition. Suit along with all other legal heirs who are denying you share in the property.
