• Legal heirs - clarification - reg

My father had 20.57 acres of land in Andhra pradesh.He passed away in 1999 year without writing a will. since our mother was alive we did not ask to devide the property. we are seven sisters and four brothers.Now our mother also passed away in Dec.2020. The central govt.wants to pay land compensation to our family to vacate the land in connection with construction of polavaram project in Andhra pradesh.My brothers say that we have no legal right to claim equal share since we are all married and what ever amount they pay to us we should accept.My father has got a house in our village also.They get compensation for the house also.In this connection we need some clarification from you that whether we are eligible for equal share or not since we all sisters are married prior to our father's death.
Asked 13 days ago in Property Law
Religion: Hindu

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11 Answers

Don't worry.  All the sisters have equal rights along with your brothers as well. 

Therefore don't listen to what your brothers say unless you agree on this. 

Raise your claim for equal share with the Collectorate so it doesn't disburse the whole amount to your brother. 

File a suit for partition if your brothers are adamant in not giving you your due share. 

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

You have one eleventh share in property 

 

2) file suit for partition for division property by metes and bounds 

 

3) seek injunction restraining sale of property by your brothers 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Submit your objections to dy collector 

 

nominee is only trustee for legal heirs 

 

you have equal share in property 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

1. In view of your father's intestate death and his two wives are also dead, all the children of your father ( sons and daughters of first wife and second wife ), i.e., seven sisters and four brothers are entitled to each 1/11th share in  all the movable and immovable properties.

2. Meet the Special Dy.Collector of Polavaram Project and apprise him that under no circumstances the married daughters' right to be sacrificed and request him to ensure the share is given to each seven sisters and four brothers equally, irrespective of whether the sisters are married or not. The marital status of daughters has no relevance to stake a claim in their father's movable and immovable properties.

3.  There has been an Amendment to the Hindu Succession Act 1956 in 2005 and as per this amendment, both sons and daughters are to be treated as coparceners and both will have equal right in their father's movable and immovable properties.

4.  Nominee is only a custodian to receive compensation, on behalf of seven sisters and four brothers, and the nominee cannot knock-off others' share.

5.  Raise objection to the legal heir certificate if it does not include married daughters.

6.  Send a legal notice through a Lawyer to claim married daughters' entitled equal share.

Shashidhar S. Sastry
Advocate, Bangalore
3347 Answers
190 Consultations

5.0 on 5.0

The property left behind by your deceased father shall devolve equally on all his legal heirs upon his intestate death. 

Thus the daughters are also entitled to an equal share in the property or in the proceeds received from governmental authorities on land acquisition compensation amount. 

Your brothers cannot deny your equal share in the compensation amount.

You people can write to the authorities to include your names in the list of people to be compensated upon acquisition of land belonging to your deceased father as one of his legal heirs. 

The authorities shall pay an equal share to you people also, your brothers cannot open their mouth 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

As the authorities have already sent notice to you asking your objections to settle the compensation amount to your brothers , you may send your objections to this and mention that since you daughters are also the legal heirs of the deceased land owner, you are all entitled to one such equal share hence your share of the compensation proceeds may be allotted to you separately.

Your brothers have no rights to deny your share in the property or the compensation amount.

 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

- As per law, after the death of your father and mother , the said property would be devolved upon all the legal heirs equally i.e. 1/11 th of each .

- Since, the said property is going to be taken by the government after paying compensation , then you should lodge a complaint against that notice before the Collector . 

- Even your step mother name is in the notification , then also you have equal share in the property , as nominee status is not like legal heirs , and a nominee cannot claim ownership of property as well. 

- Your brother is wrong to say , as a married daughter is also having equal right over the property left by parents , like son. 

- You can ask for your right , and if no response then sent a legal notice to them , and even no result then file a Partition suit before the court. 

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

Dear Ma'am,

The Supreme Court held that daughters will have equal coparcenary rights in Hindu Undivided Family properties, irrespective of whether the father was alive or not on 9 September 2005, even if she is married, when an amendment came into force.

In its decision, the Supreme Court clarified two points: coparcenary rights are acquired by daughters on their birth; and. fathers need not have been alive when the 2005 amendment to the Hindu Succession Act 1956 was passed.

Under the Hindu lawproperty is divided into two types: ancestral and self-acquired. So, by law, a father cannot will such property to anyone he wants to, or deprive a daughter of her share in it. By birth, a daughter has a share in the ancestral property.

Note: 

The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will.

Now, since there is no will, the self acquired property of your father shall be equally distributed among all the siblings. 

Even if your mother is the nominee, you are entitled to receive the equal share of the property or the amount after the land is given to the government. you can claim the right over it.

If your brother refuses to give you your share of your father's property, issue him a legal notice first demanding your share. If there be no proper response, file a suit in the district court through your local lawyer.

 

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Anik Miu
Advocate, Bangalore
184 Answers
1 Consultation

5.0 on 5.0

1. All the children of your parents including their daughters have equal right on their properties.

 

2. Write to the authority acquiring your late father's properties about your claim and also fill up the form claiming your share on the compensation to be paid by the Government for the said acquisition.

Krishna Kishore Ganguly
Advocate, Kolkata
25067 Answers
725 Consultations

5.0 on 5.0

1. You have equal right on the said compensation as has been explained in my earlier post.

 

2. Write to the collector immediately preferring your claim for your share of the said compensation.

 

3. It will be prudent on your part to meet the Collector personally in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
25067 Answers
725 Consultations

5.0 on 5.0

No you have equal share and you can claim it from the same

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

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