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Author Topic: The right of woman in the fathers ancestral property  (Read 1616 times)

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Offline Shanty

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The right of woman in the fathers ancestral property
« on: July 08, 2015, 03:50:18 AM »
Hi,

I am Sarita(female age 45, Buldhana Maharshtra). It would be great help for me if I get the proper legal advice on my share in my fathers property (Agricultural land) which has come from my grandfather. I have two own sisters. My father expired in year 2000 and my own mother(75) expired in year 2015. But my father has another wife she is still alive aged 70 years and we have 7/12 extract as follows
1)My step mother (age 70)
2)My own sister (age 63)
3)My another own sister (age 61)
4)Me (age 45)
5)Wife from my step brother who is expired at the age 31 in year 2009 has two kids
6)My step sister (age 37)
7)My step brother (age 33) Karta Purush now
8)My step Sister (age 29)

Now we (3 sisters) legally want to take the share of our land from from my step ones but my step mother, step brother and step sisters are not giving us our share in the property. We are querelling with them and they are giving the reasons that their father had married with their mother with consent of our mother and to have boy as child to him.

And another point is our father had registerd half acre of land out of 4.5 acres of land to my own mother saying that she should not suffer from food and closthings. In that he had also mentioned that he is permanantly giving that half acre of land to my own mother in which my mother can also take use of heir rights and has mentioned that he has another wife too.

But we want the half of the share in the property and after querelling with them we are already cultivating 1.25 acres of land from them.

So kindly advice me how can we legally go further to take our share permanantly on our names so that we have right to sell the land and how much share will come for each of us? Also let me know how they can attack legally to keep us deprived of our share in the property.

Thanks and best regards,
Sarita :) :)
 

Offline kphk

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Re: The right of woman in the fathers ancestral property
« Reply #1 on: July 09, 2015, 12:51:42 PM »
you file a suit for partition. An amendment was carried out in the year 2005 to hindu succession act and it had the effect of including females also as coparceners and they too have birth right over ancestral property. you will not get half of the share but it will be divided equally among all the surviving coparceners and you will get your share accordingly. If you want any further advice in proceeding with the suit, then please do reply to my email.

Offline Shanty

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Re: The right of woman in the fathers ancestral property
« Reply #2 on: July 13, 2015, 06:32:35 AM »
thank you so much sir for your co-operation sir. But many People say that our father has already given a registered share of the property on Name of my mother. So Kndly let us know will it be ok if we file Partition suit. And start other court procedures? We are in fear that we will loose our Money and we will not get the property as per equal share among coparceners.

Best Regards,
Sarita

Offline kphk

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Re: The right of woman in the fathers ancestral property
« Reply #3 on: July 13, 2015, 11:32:24 AM »
That registered deed will definitely not be in furtherance of partitioning the property, so it can be taken as a gift or settlement. This will not preclude you from filing partition suit as long as the properties have not been partitioned till date.

Offline Shanty

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Re: The right of woman in the fathers ancestral property
« Reply #4 on: July 14, 2015, 12:46:59 AM »
Thank you for your Suggestion sir. We will go ahead and fight for our share in the property but could you please tell me how they can tackle this Partition suit and also How they can file for stay on the property? or is there any any ground for them to obstruct the partion suit and share in the property. becuase my father expired in year 2000 and it has been so Long time now to ask for the share in property.

Offline kphk

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Re: The right of woman in the fathers ancestral property
« Reply #5 on: July 14, 2015, 09:22:09 AM »
I should thank you for the questions you raise! If I tell you the grounds which the other party can contest on or defend, then there will be no work left for the lawyer hired by to perform  ;D. If a smart lawyer appears on the other side he can indeed play around with law and facts making your life tough.

Offline Shanty

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Re: The right of woman in the fathers ancestral property
« Reply #6 on: July 15, 2015, 09:55:54 AM »
thank you so much sir....This is enough help from your side....I say thanks again...

 

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