Property Rights of a married daughter
1. Nagoji Subbaiah (Grand Father)- Died in 1984-85
2. Nagoji Venkateswara Rao (Son)- Died in 1987
3. Nagoji Baby Sarojini ( Daughter-in-Law) Alive.
4. X ( Daughter ) Alive
5. cY (Daughter) Alive. Living with their families and no disputes/issues whatsoever.
6. Z (Daughter) Alive.
7. Mokkapati Vijaya Lakshmi w/o Bhanu Prasad (Grand Daughrter1) Married in 1977
8. Katragadda Padmavathi w/o Venkateswara Prasad (Grand Daughter2) Married in 1984.
9. Mokkapati Santhi W/o Veera Raghavaiah ( Grand Daughter 3) Married in 1983
10. Nagoji Srinivasa Rao ( Grand Son) Married in 1993.
DETAILS OF THE CASE:
• 1 owned about 72 Acres of Agricultural Land and was in possession of it till Oct 1971 and on 3rd Oct 1971, he executed a will dividing the total land into two parts, part A was kept on his name and part B was given to 2. On 4th Oct 1971, part A was gifted to 10 (who was a minor on that date). All these transactions were done through Registered Deeds.
• Despite the division above, the total property was enjoyed as combined family property till Nov. 1987 when 2 died intestate.
• No properties were given to any one of 3,7,8,9 and 10 though 7, 8 and 9 were married during life time of 2 against promises made.
• Apart from the above 72 Acres of Agricultural Land, 2 had acquired some more properties himself from out of his income from his job, income from the agricultural lands under combined family and also from financial support from 3 (By selling part of her land property gifted by her parents at the time of her marriage and from agricultural income from the unsold part).
• Upon death of 2, in Nov 1987 intestate, disputes arose between 2 and 10 on sharing of the properties among 3,7,8,9 and 10 and the disputes continued unresolved till 2001.
• In 2003, 3 executed 3 registered wills herself in favor of 8.9 and younger daughter of 7, transferring some properties to each of them. This act was challenged by 10 in Court of Law and prayed The Court to allocate 3/5th of the total property in his favor contending that he had already inherited ½ of the property from 1 and whatever properties were acquired by 2 during his life time by himself were also from income from his such share of property and hence entitled for ½ + 1/10 =3/5th of the total property.
• The Honorable Court dismissed his plea and ruled that the partition made by 1 in 1971 is null and void as it was aimed at defeating the very purpose of land ceiling act which was enforced in 1971 and also the partition was done after notification of the act and also the GO states that any such transactions after the date of promulgation of the act become null and void. The court also ruled that the wills executed by 3 are invalid as she had no exclusive rights over the properties.
• Subsequently 10 had made in High Court of AP against the above judgment in 2007.
• In 2013, 7 made an appeal in Dist Magistrate Court in Vijayawada to allocate 1/5th of the share in the total property in her favor as per Hindu Succession Act and the case is under hearing. She had shown the Agricultural Lands to an extent of 48 Acres only apart from Two valuable Residential sites acquired by 2 by himself during his life time.
• As on date 3 is in possession of 4.5 Acres of land which was gifted to her by parents. (This is over and above the property in disputes).
• The Agricultural and other incomes from all the properties are enjoyed mostly by 10 through his muscle power, since death of 2.
? Whether 3, 7.8.9 and 10 are entitled each for 1/5th share of the total property with reference to the marriage dates 0f 7, 8 and 9.
? If so, how is the property to be equally shared when each piece of the property has different value? In other words, how the valuation would be arrived at?
? How to claim the Agricultural income proceeds wrongfully enjoyed by 10 through years?
? Whether 3 has rights to gift the 4.5 Acres of l;and under her possession as per her wish or to be shared equally by 7,8,9 and 10.
? What will be the shape and gist of possible outcome of the judgment?