• Ancestral property

My grandmother had a property in kanhangad (kasargod dist kerala) which consists of a house well ... my grandparents has 4 sons and 5 daughters all grand father died many years ago like wen my dad was at a very young age. And grand mom died around 26 years back so daughters refused share in property wen granny died so all the 4 brothers made partition by themselves without any documentation and partition deed is yet to be made in due period der wer no any issues but now in late 70s of my aunts (ie all the 4 daughters 1 is no more ) have sent a lawer notice that they want a share in the property so what can be made now and all the 4 sons (3 sons are no more represented by their children) doesn't want to share the property now is there any way so as not to give out the share now tat to after more than 27 years please guide me in this regard
Asked 12 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) it is self acquired property of grand mother 

2) on her demise her sons and daughters would have equal share in property 

3)it is not ancestral property and 5 daughters cannot be denied their share

4) claim of daughters is not barred by limitation 
Ajay Sethi
Advocate, Mumbai
25968 Answers
1414 Consultations
5.0 on 5.0
1) the Supreme Court judgment is applicable only to ancestral properties 

2) in your case it is self acquired property of grand mother and on her demise both sons and daughters have equal shares 
Ajay Sethi
Advocate, Mumbai
25968 Answers
1414 Consultations
5.0 on 5.0
No partition, much less a partition that was preceded by execution of relinquishment deed by sisters' in favour of brother, has been executed. As a corollary thereto, sisters have an indefeasible share in the property, which they can cull out by filing a partition suit in the court.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
SC ruling does not apply to your case as the property is not ancestral.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Hi, As per the latest Supreme Court ruling the daughters have no right to claim share in the property if the father died before 09-09-2005.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
4.3 on 5.0
For seeking partition there is no time limit.
your father's sisters are also class I legal heirs to their parents, specifically legal heirs to the deceased property owner who died intestate. 
Being class I legal heirs they are also entitled to an equal share in the property left behind by their mother. 
There is no legal infirmity in their claim for a share. 
If partition is not possible at this stage all the brothers may jointly agree to contribute amount which shall be shared by all their sisters as a compensation to their shares in the  properties under their possession now.  
If the court is not able to partition, it may bring the entire property to sale and the sale proceeds shall be divided equally and distributed to all the legal heirs. 
Avoid unpleasant situation.
T Kalaiselvan
Advocate, Vellore
16339 Answers
153 Consultations
5.0 on 5.0
Then what about the supreme court law that was recently  given out that Daughters cannot inherit ancestral property if Father Died Before 2005,
Supreme court is not an authority to frame law.  It can only enforce law by interpreting the same properly.  The latest ruling by supreme court shall not be applicable to this situation.  Read the judgment fully once again if you want to understand the underlying meaning in it. 
T Kalaiselvan
Advocate, Vellore
16339 Answers
153 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
16339 Answers
153 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
25968 Answers
1414 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13151 Answers
280 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6428 Answers
71 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
62 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
809 Answers
55 Consultations
5.0 on 5.0