• Property

I am (Male) married in 1970 and two sisters (Married 1975); 

My Father died in 2000 and had ancestral properties. 

My mother still alive and had some ancestral properties from her father.

After my father death as I am having all rights at that time his death on all those properties, I have registered/converted few of the ancestral property (this conversion happened before 2005 around 2000) which are on my father name to my name, and later to my daughters. And one of my ancestral property transferred directly to my daughter from my father. Few of the ancestral properties still not yet converted to my name till now.

Those updating are done in the registered office also EC and Adangal are updated on my daughters names.
 
My father done married of both my sisters in 1975 and given some Money as pasupukunkuma (telugu word) along with dowry but didn't took any sign on bond papers. My sisters they are alive now.

After that many times they are also benefited with some money from me but we didn't took any bond or sign as a token of money.

As the value of the property is increased, now in 2016 they came and asking for sharing on property and saying "I am also be a part of my 

father property"  which is not fair.


I came to know from 2005 amendment they (my sisters) are not applicable as my father is died before 2005 amendment.

And 1985 NT Ramaro's time Daughters are not eligible before they married 1985


I have the following question:
 
Doubt 1: As per the 2005 amendment daughters are not eligible on sharing if their father 

died before 2005 amendment came is this understanding is correct.

Doubt 2: Please let me know whether my sisters are eligible on share of my father 

property?

Doubt 3: Whether they (my sisters) are eligible on share of my mother’s ancestral properties, and she is willing to give one of the property my sisters
 

Doubt 4: How can I deal this problem to avoid the sharing to my sisters as they already benefited, they are saying they will go to court.
Doubt 5: Do we need to go to court before they filing a suite how can approach

Doubt 5: when both the above laws (1985 and 2005) which one court will be considered 1985 or 2005? or the latest on which 2005 or any other latest amendment came after 2005
Asked 5 months ago in Civil Law from Hyderabad, Telangana
1)daughters have no share in ancestral property if father died before 2005 

2) sisters can claim share in father self acquired properties 

3) you have nt mentioned on Eva basis you say property is ancestral 

4) if property has remained undivided for four generations it would be ancestral property 

5) it is in your interest to avoid lengthy court battle 

6) partition suits take  15 years to be disposed of 

7) you should not go to court . If there is no settlement let sisters go to court
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
1. It is not clear on what basis you call the property ancestral. It is ancestral only if it was purchased by your fourth lineal descendant and the property travelled up to your generation without division.

2. If it is ancestral property then on the demise of your father his sis hare devolved through succession on his sons whereas his widow and daughters along with sons succeed to his own share in the property. On the contrary if the property is the self acquired or separate property of your father then on his intestate demise it devolved through succession equally on his widow and children including daughters. 

3. Your sisters are at liberty to file a suit for partition to cull out their separate share in the property.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
For the state of Andhra Pradesh the amendment act of 1985 is to considered.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
Doubt 1: As per the 2005 amendment daughters are not eligible on sharing if their father 
died before 2005 amendment came is this understanding is correct.

As per your description the property referred by you may not fall into the category of ancestral nature hence he latest amendment is not applicable to it.  Therefore your sisters are entitled a legitimate share as daughter of deceased father and one among his legal heirs or successors in interest.





Doubt 2: Please let me know whether my sisters are eligible on share of my father 
property?

Yes as a legal heir to your deceased father, they are very much eligible or entitled to a rightful and legitimate share in your father's property.






Doubt 3: Whether they (my sisters) are eligible on share of my mother’s ancestral properties, and she is willing to give one of the property my sisters
 
During your mother's lifetime nobody is eligible or entitled to claim any share out of her property, however she may have acquired it. You cannot stop your mother from giving away a portion of her own property to your sisters, you do not have any right over it.





Doubt 4: How can I deal this problem to avoid the sharing to my sisters as they already benefited, they are saying they will go to court.

Solve the problem by talking to them with a reasonable and justified offer to satisfy them and get a registered release deed executed by them relinquishing their rights in the property.






Doubt 5: Do we need to go to court before they filing a suite how can approach

If they dont agree to your proposal or offer they may approach court with a partition suit which has to be contested or defended by you accordingly.







Doubt 5: when both the above laws (1985 and 2005) which one court will be considered 1985 or 2005? or the latest on which 2005 or any other latest amendment came after 2005

Dont break your head on these laws to your subject because neither of the law will be applicable to your current situation 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
1) your sisters would have share in self acquired properties of your father 

2) they cm file suit for partition to claim their share 

3) if yiur father and uncle had executed gift deed in favour of your daughters your sisters cannot claim any share 

4) don't file any false case against sisters 
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
You said that your father purchased some properties but they are converted to your name. Now you tell me what is this conversion or what do you mean by conversion?
Did your father transfer the property to you name by a gift or settlement deed?
If so whether the so called gift or settlement deed was executed by a registered document or an unregistered deed?
If unregistered then how could the transaction reflect in the EC?
The conversion is the term which is still not understood.
As per your description the properties do not have the status of ancestral property.
If you have proper documents to prove that the transfer to your name and dirctly to your daughter's name was done legally following the procedures of law in this regard, then your sisters may not be entitled to any share in the properties already stands disposed.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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