My father died in 1986 / My mother died in 2002 As per 1997 land record 8A there was only my name Recently take out land record 8A in 2017 Talathi given updated 8A with names of my married sisters (After Marriage Names) Both sisters get married before death of my parents How to take objection for it / Is there any way in Hindu Succession Act Regards, Bhanudas
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Revenue record dose to confer title. Merely because your name is replaced with fathers name dose not make you sole owner.
Both sisters have equal right on land. To transfer sole ownership in your name, sisters have to execute release deed in your favor.
Your sisters have equal share in self acquired property of your deceased father
you cannot object to inclusion of their names in property records
1. The moot point in the instant case is to know whether the property your deceased father was owning, was his self acquired property or ancestral property.
2. Assuming the property was your father's self acquired property, then irrespective of your parents' date/year of death, if it were to be intestate (without executing a WILL) death, then you and all your siblings are entitled to equal share in the property. The amendment in 2005 to the Hindu Succession Act, 1956 has no role to play, if the property were to be your deceased father's self acquired property. The amendment to the Hindu Succession Act in 2005 applies only to the Ancestral property.
3. Suppose let's assume that the property is ancestral property, then as per amendment in 2005 to the Hindu Succession Act, 1956, the father should have been alive as on Ninth September 2005. In the instant case, if this logic is applied, your sisters are not entitled to equal share in the ancestral property. However, one more judgement of the Hon'ble Supreme Court says that, daughters are entitled to equal share in the ancestral property on par with sons even if the father had died much before the amendment in 2005 to the Hindu Succession Act, 1956 and the father's death in 1986 has no relevance and the daughter will be entitled to equal share.
Due to conflict of judgement in the Hon'ble Supreme Court, the matter has been referred to a larger bench for its judgement in the matter.
You have to wait for it.
Recording of name on revenue records alone doesn't create any title in the property.
The property left by your mother will be equally divided among his sons and daughters.
The self acquired property of your father again is liable to equal division among sons and daughters.
Only in the ancestral property of father the daughters have no share.
See if the property was self acquired by your father and/or it was not ancestral property or joint hindu property sisters have equal rights in same. So in your case in absence of will they will have rights in the property.
If this property belonged to your father and he is reported to have died intestate then a per Hindu succession act, his properties shall devolve equally on all his legal heirs.
Your sisters and brothers form as class I legal heirs and successors in interest to succeed your deceased father's estates.
Their marital status will not dis-entitle them from acquiring their rightful share in the properties that were left behind by your deceased father.
Please note that the revenue records are not title documents.
You cannot deny or deprive their rights in the property, the court will decide in their favor if they approach court hence try to arrive at an amicable solution to this issue instead of spending huge amount, time and energy towards unnecessary legal dispute or litigation in this regard.
File a complaint against them for altering the documents without your consent.
Civil Suit for specific performance can be filed against them to get their names removed
If the records are updated without the consent then ots illegal. But being legal heirs they can update it after death of your parents through valid procedure
1. Neither the date of marriage of your sisters nor the date of demise of your parents has any nexus with the share of your sisters in the property.
2. On the demise of your parents the property devolved equally on all children. The share of daughters is at par with that of sons in the self acquired/separate property of parents.
if it is self acquired property of your father your sisters have equal rights along with you.
1. The Title-Ownership does not documentary proven by entries in form 8A. It only shows possession or tentative claimant's rights on such property.
2. The Title-Ownership can be documentary proven "ONLY" by Title-Ownership Deed (Sale /Gift /Release /Court order /.... ). Hence check this for clarity.
3. IF Title-Ownership Deed was in name of Father /Mother, THEN "ALL" the residual class-I legal heirs have EQUAL stake /right in parents property, without any exceptions.
what possible objection will you take against the inclusion of the daughters' names?
they are the legal heirs of both your parents
and thus they have a lawful share/claim in their parents' property
section 8 and section 15 of Hindu Succession Act give recognition to daughters as legal heirs of a male Hindu and female respectively!
Dear Sir,
The sister's name will be there but you may get their names removed after getting relinquish deed from them.
- As per law, now a daughter whether married or unmarried is having equal share in the Ancestral property i.e. an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property.
- Further , the Supreme Court has recently said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.
- In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.
- Since ,your father died before 2005 without distributing the property , hence your sister will not get any share over the ancestral property left by him legally.
- However , ownership can be claimed on the legally executed title document
- You should file a suit for declaration for getting ownership of the property.
According to provisions of Hindu Succession Act, the Legal Heirs of intestate are entitled to share in the property.
In your case, you alongwith your two sisters are entitled to equal share in the property.
There is no chance for you to raise an objection against including your sisters name.
All daughters and sons of intestate are equally entitled to a share in the property left by such intestate.
Ans: is there any proof that in the year 1997 land record only your name was there on the land record.
You shall be required to enquire in the talathis office for the necessary forms for claiming your objections.
You cannot object to undated records as your sisters are rightful hiers of your parents as per Hindu succession act 1956.
If your father died in 2002 then your sister's do have a share in the property as it has not been divided yet. If they had been divided before 2005 then it would have been solely your property.
