Daughters have equal rights on parental property?

Question

We bought property owned by grandfather(died in 1990) and dad had paid equal share to both of his brothers long time back and got their signature on a sheet of paper mentioning that they got their equal share (total sum divided 3). But now they are not willing to sign on the bond paper and also fathers sister's are asking about the share. They are total 3 brothers and 2 sisters. Previously sisters said they dont want any share and dad paid equal sum to both the brothers now noone is willing to sign the papers and there fore the property is still on grandpa's name we are living there since 20 years. No one claimed anything before but now when we asked them to sign they want share. Can we transfer the property on my fathers name without there signature or do we want everyone's(including sister's) signature. Please advice

Answer 1

Facts of this case are not very clear, but what I can see in this case that the property of the grandfather was that his own property i.e. his self acquired property & not the ancestral property. If it was the ancestral property the division of such property was to be by way of old Hindu law provided the parties in the case are Hindu by religion & all coparceners could get their part of property at the time of its partition whenever it takes place. The division of the self acquired property of any deceased person who dies intestate i.e. without leaving any will or testamentary document will be based section 8,9,10 of the Hindu Succession Act, 1956, wherein all the surviving sons & daughters being class I heir get equal share in the property. In this case your father had given part of share which the other two brothers would have got, while the two sisters had forgone their claim, based on this fact the property which stands in your grandfather's name should go to your father & he has legal right to get it transferred/mutated in his name. The proof of the two brothers who got their share from the property has been admitted by them in writing holding their signature from which they cannot deny. Now as far the two sisters are concerned they had previously agreed to forgo their share but now they deny it & claim their share in such property, hence the proof of their forgoing their share in the said property has to be brought on the record ,along with this their none claiming of their share in the property since 27 years will be taken in account by the court, although this none claiming for 27years their share itself doesn't debar them to claim it now but the reason for not claiming it will definitely be inquired from them. All these facts make the things very difficult for getting the mutation of such property done in your father's name, without a no objection from all these other brothers & sisters, the tehsildar or the registrar of the properties of the district where the property is situated will not allow such mutation without the order of the court in this regard & hence first your father has to move the civil court & get an order for such direction for the registrar of properties for transferring/mutating the property in your father's name. In this civil case you have to satisfy the court with relevant evidence regarding whatever you have posted here in your question, if the court is satisfied with the evidence & circumstances leading to this case will direct the registrar to do mutation of this property in your father's name not otherwise.

Answer 2

See a lawyer.

If in India they have different laws for different community as far as inheritance and the succession goes.

If you are able to straighten this mess out then do not put the property in dead person name again; take good advise and use common sense.

Indian civil law will give an equal share to all surviving people.

But under Hindu, or Muslim or any other community ( Parsi, Shikh, Jain, Budhist, ---, ---, laws(there are separate courts for this perpose) it is some proportion going to male and female and the surviving wife or husband, it is a set percentage for each group, but it is not equal for the group, in one community, wife (surviving) gets 10%, male children gets 50%, and female children get 40%.

So, then people in each group needs to divide the share equaly.

In same community surviving husband gets all. Others have wait for father to die.

It is staight forward but it is just matter of knowing the law and geting the things recorded and distributed.

Answer 3

Well i was into such situation so i know. Daughters shud either give in writing that they dnt need any share otherwise u need their signatures as well coz if u do this, they might sue u saying that they are also share holders and u never ever informed them and the deal shud be canceled or they shud be given the share.

Answer 4

I believe daughters have equal share over ancestral property as per latest Hindu succession act.Transfer may not be possible on your father's name.

Answer 5

Your father acquired full rights over entire property by getting relinquishment from his two brothers who were coparceners. Your father and his two brothers were members of the previous joint family. The previous joint family is broken due to relinquishment in favour of your father. the present property would take colour of joint family property having members of your family and your father would be Kartha.

The Hindu Succession Act 1956 ( as amended by Act 39 of 2005 ) provides equal rights to daughters in coparcenary property by virtue of section 6 of the said At. The amended provision came into force w.e.f. 9-9-2005 only.

The daughters can not question alienation of coparcenary property, which were taken place before 20-12-2004. In other words the daughters can not claim any right in regarding to the coparcenary property which was alienated much before 20-12-2004. The said alienations are protected by the act. In fact in regarding to states of Andhra Pradesh, Karnataka, Maharashtra rights of the daughter is protected much before.
---------It is clear that sisters of your father do not have any right in the said property and they can not question.

...........You have got absolute right as a member of joint family at par with your brother.

..........The solution would be all the members of your joint family should enter into agreement declaring rights of each member ( partition) and get it registered. The recitals of the agreement must show how the joint family acquired the property.

........The solution is given with a view to avoid litigation

................Best of Luck.......

If you still have got any clarification, you may ask

..................v

Answer 6

all three brother and rtwo sisters have to sign an agreement to transfer the property in one btothers name. In shart sisters have equal rights as the brothers have it.

Answer 7

Hi
MOm server almost 35 yr for their father and imother. from young age mom brother not looked out his fathere and mother. but now ending stage of their life he coming now takeing care. wen they discussed ,they want take all the property and give 5 l to sister. property worth come 1cr. ( home).

questions. for mom having right in this property or wat ever wish of his father to get . need to accept.

Answer 8

have been you & different 3 brothers looking after your mom while she replaced into ill on equivalent area as your brother? you have that accountability to share in parental care. that's there everywhere.

Answer 9

sounds like you have a legal battle coming, at this point who names are on the title?

Answer 10

They all have equal rights and equal shares, you are screwed!