Hello, My father has two brothers and four sisters. My grand father had 45 acres of land. In 1992 my father and his brothers executed a family settlement memorandum. My uncles gave 23 acres to my fathers. Accordingly the property mutated to my fathers name. My father willed 23 acres to me. Now my uncles and aunts want the property to redivide in to 7 parts. In the settlement deed in 1992 only my father and his brothers and wittnessss signed the document. Daughters did’t sign. May be women were not mandatory in 1992. The property is in my fathers name for 30 years. Please tell me. Can my aunts claim my fathers 23 acres and is it possible to redivide. Will my aunts have any rights now.
Your father's female siblings are entitled to an equal share out of your grandfather's properties.
If they approach court, they will certainly get their share.
Therefore it is advisable that let all the siblings discuss and arrive at an amicable partition among themselves, draw a partition deed accordingly and get it registered whic can avoid a very long legal battle in the court.
No, your aunts do not have any rights now, because the property is already registered on your father's name and plus to this incident more than 30 years has been passed away that's why as per Limitation Act they don't have any rights.
On grand father demise your father had one seventh share in 45 acres of land
2) family settlement deed is not signed by daughters
3) they can file suit to claim one seventh share on property
1. If the family settlement memorandum in 1992 was a registered document in the jurisdictional Sub Registrar's Office through which your father got 23 Acres of land and later mutated his name in the jurisdictional Tahsildar/Revenue/Corporation/Municipality Office, then your Aunts will not have any right now in the 23 Acres property.
2. Similarly if your name is mutated in the revenue records for the 23 Acres property willed by your father before [deleted], then your Aunts will not have any right now in the 23 Acres property.
- As per the Supreme Court judgement passed in 2018, daughters have equal rights in the Ancestral property, even if they were born before the enactment of Hindu Succession Act, 1956.
- However before 2005 , the daughters were having no right in the property and only sons were entitled to get the same.
- Since in 1992 there was no provision in the Hindu Succession Act for the right to daughters , then your father and his brothers were having their legal right to execute the family settlement for the partition of the property without sharing it to sister.
- Now, after passing the judgment by the Supreme Court, your aunt is having right to claim her share in the property, however if the settlement deed is registered then it cannot be cancelled on the ground of petition of the property before passing the judgment.
If the property was given to your father in 1992 by way of written settlement, then your aunts cannot claim share in the property now.
Your aunts have no right in the property.
Dear client I'm sorry to hear and but a woman has full right over the parents property
Only if she is.a legal heir of the said property she can claim
