Need help in clarifying property dividing in family
Hope you are fine.
I need your help in one clarification regarding property rights.
Myself Rajendra, from Karnataka.
For my father we are 3 children myself,brother and sister.
I am the elder one, my sister she did intercaste marriage (Love Marriage) without informing us. They went abscounding and got married.
Now they came long back and she is having 4 year daughter also.
My father as got some property which came to him from his father (Our grand father) and from his brother.
Along with my father he is having 5 brothers and 3 sisters. After my grand father death all these 9 people shared the property equally.
Now my father as got two properetis:
1. Land from his father (Our Grand father)
2.Land from his brother (As gift deed). (our uncle or big father).
Now my sister is asking share to my father out of his share got from his father and brother.
Since she as married to some other caste guy which was not interested for my father, now my father is not willing to give equalshare to her and he told he will give some sort of property as per his wish.
But she is telling she will file a case to receive equal share in property.
So my father wanted it to divide only for other to children (i.e. Me and brother) and only some sort to my sister.
So, is there any option for him to do as he wishes. So that if she put case also she should not entitle to equal share.
My question here is :
1. Though the property came to my father from his father and his brother - Does she can get equal rights out of it ?
2. Since she married to different person who was not interested from family - Does she entile to Equal share ?
3. Recently I have seen in one media that, girls who marries to other person opposing to parrensts, by making intercaste love marriage, they are not entitle to share of any property of father. Is it true ?
4. As per my father wish is there any option to do, that to divide the property only among is two son's me and brother and to give daughter a little property (i.e my sister ).
Could you please clarify us with above doubts. So that we will remember you for life time and my father will also will be happy according to his wish.
Asked in Property Law from Bangalore, Karnataka
1. If the property is ancestral property of your father, then your sister has equal share on it along with you two brothers and also your father,
2. Her marrying some other caste person does not disentitle her from her right to claim her share in her ancestral property.
By marrying a boy outside her caste does not defer her right over the ancestral property and would get equal share as that of other legal heirs. Through Gift Deed from his brother if your father has become the title holder of another property, then he may distribute the property, so far as this property is concerned, as per his wish and will.
1) property received by your father from his brother by gift deed is his absolute property .he can bequeath it as he pleases . your sister has no right on said property .
2) if it was your grand father self acquired property and on his death partition was amde among your father and his siblings it is absolute property of your father . your sister cannot claim any share in said property .
3) mere marriage outside caste does not disentitle your sister to any share in said property .
4) your father can either make a will or execute a gift deed in favour of his 2 sons
1. How did your grand father acquire the land which passed to your father? Did your grand father purchase the land in question from his own earnings, or he inherited it from his ancestors? If the land in question was purchased by your grand father from his own earnings during his life time then your father is the undisputed owner thereof. As the owner of the land he can sell it to any one he so desires. He is under no obligation to give a share therein to your sister. Hence, your sister has no rights in the said land.
2. Every citizen of India is at liberty to marry a person of his/her liking. The right to choose a life partner is inherent in he right to life and liberty guaranteed under the Indian Constitution. Marrying outside caste does not operate as a bar to claiming proprietary rights of an individual. So what you have read in the press is incorrect.
3. Your father may deal with the property at his sweet will. He may make a will or gift thereof in your and your brother's favour.