Hindu women is having property rights in ancestral and joint family properties

Sir i am a 42 year old _________________cultivating the land of two servwy no._____________ having total four acresirrigated land. During 1986-87 my father tranferd his ancesterproprtyon my elder brotherr's name and on my name as per his will.I have a mutation xerox copy.It included talathi and girdavar one notice. The property is purely our ancestral property.Now my younger sister age 35 years asking share in the the lawer saying it was an illegal. If it was registered in registry office i could have a legal registered.But talathi and girdavar both are saying it was done under law onlythe complaint is invalid after three years.As per as economic strength is concern she is comfortable, Because her husband is development officer in LIC of India.She had two girl children. They were having a 25 acres of land and two buildings in bidar and gulbarga.Kindly Help me.If there is literature available (regarding rights of land in ancestrol property for ladies) from the govt of karnatakaplease send me detailsif there is website please send me i want consultancy service from a right person kindly send me details.Thanking you sir yours trulyMr.

After recent high court judgment the law stands like this, Hindu women is having property rights in ancestral and joint family properties irrespective of their date of marriage if the ancestral and joint family properties remain undivided amongst co-parceners.

In your case your father has made will, treat that will as settlement deed and take your contention that based on such settlement deed which is styled as will you and your brother have divided your ancestral properties long back in 1986-87. Hence there is no joint familly status remaining after such division and hence she is not having any rights over already divided properties before coming into operation of amended law.

Under Hindu law even oral partition can be proved if it is effected to. When such is the condition it will not be difficult for you to prove such division in 1986-87.

lets wait for some final decision from supreme court clarifying the position. Do not get dis-heartened, everything will have good course. Kindly consult your nearby advocate for further details.


anekal.agritechfarms said...

unfortunate the date of supreme courts clarification not mentioned; otherwise information would have been immensely useful to many, who faced similar problems.

sm reddy

anekal.agritechfarms said...

In my opinion, a parent have right to make a will on his self earned property. If the property is acquired by your father, I think his will may have value. As commented, even the ancestral property will, let considered as property division amongst you two brothers, if that has been registered, your sisters can not claim a share.
There are many sites under titles of enlightening "womens right to ancestral Property" "Married women's right to ancestral Property" "Daughters right to ancestral Property"

SM Reddy