Hello, My maternal grandfather lived in Aland taluka of gulbarga distirct in the state of karnataka and had an agricultural land there. He had 4 children in which elder 2 are son and younger 2 are daughters. He did not do any partition or distribution of property to his children. He died on 5th of June, 2003. His elder son died on 4th of July 2007 whereas his wife(i.e. my maternal grandmother) died on 3rd of May,2009. My mother was their third child and was born on 1st of june,1966 and was married off on 23rd may 1987. My grandfather had an agricultural land that he got from his father(i.e ancestral property). The agricultural land that my grand father inherited was of approximate 20 acres in which he had signed off approximate 9 acres to my grandmother (i.e.his wife) years before his death. My mother has claimed an equal share in the whole property of 20acres in the year 2014. Is there any chance that she will get her equal share? and if so then what should be the documents or laws that we should use for the argument? Please note: 1) The land was not distributed to any of his children before his death and there are no legal documents proving the same. 2) No will was made by him before his death. Please mention the acts and laws that would be helpful in this case. Thank you
1) since it is ancestral land and father died before 2005 daughter ie your mother cannot claim any share in said property
2) property which has remained undivided for four generations would be regarded as ancestral property
3) if on other hand mothers father inherited land from his father it would not be ancestral land and mother can claim share in said land by filing suit for partition
On the intestate demise of your grandfather his property devolved through succession equally on all his children whereas if your grandmother also died intestate then the share that was bequeathed to her by your grandfather devolved further on all her children including your mother. So the share of your mother is equal to the share of every other heir in the property.
My mother has claimed an equal share in the whole property of 20acres in the year 2014. Is there any chance that she will get her equal share? and if so then what should be the documents or laws that we should use for the argument?
Since your maternal grandfather inherited the properties from his father, it became your grandfather's own and absolute property there by the character of ancestral property extinguished.
Now since your grandfather had already allotted 9 acres to his wife as gift or settlement, this portion belongs to your grandmother as her own property.
However your mother being one among the legal heirs of your grandparents she is entitled for an equal share in the intestate properties of your grandparents along with other legal heirs.
Since you have already filed the suit for partition and it is going on what else is the document that you want more to rely upon.
The case is legally maintainable and your mother is entitled for her legitimate share, the court will decide accordingly.
Sir, I had a doubt whether "The Hindu Succession (Amendment) Act, 2005" is applicable to this case or not. I also had a doubt If it is applicable then what can we do? and if it is not applicable then do we need to do anything? And I also wanted to know that whether "The Hindu Succession (Karnataka Amendment) Act, 1990" is applicable or not? Thank you for reading my question and answering it so patiently. Thank you
SC has held that even after passage of amendment act of 2005daughter would not have any share in ancestral property if father died before 2005
In your case since it is ancestral property and father died before 2005 you cannot claim any share
Ajay Sethi Sir, With due respect, I would like to say that in part 2) of your earlier answer you had mentioned "property which has remained undivided for four generations would be regarded as ancestral property". According to this the property that my grandfather had was not an ancestral property as my grandfather's father had divided his agricultural land in three parts and gave to his three sons in which my grandfather was the eldest son. Thank you
The answer what you have given is the answer for your own question, i.e., your answer "According to this the property that my grandfather had was not an ancestral property as my grandfather's father had divided his agricultural land in three parts and gave to his three sons in which my grandfather was the eldest son."
Thus Hindu Succession act amendment 2005 or the Karnataka state amendment 1990 will not be applicable to this position since it is not ancestral property to your mother. Hence as opined earlier, I reiterate that your mother is entitled to her legitimate and equal share in your grandfather's property.
in case partition of land had taken place between the legal heirs ie grand father and his brothers it would not ancestral property
The amendment act of 2005 relates to only ancestral property whereas the property of your grandfather is not ancestral in character.
If the property is not ancestral then intestate succession would follow. The heirs of your grandfather and grandmother succeeded to their property equally,