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Property Rights for Hindu female:

(8 posts)
  1. Sachin
    Member

    I need opinion on the current status of our property rights.

    Here is the scenario;

    My father had 32 acres of land and one one house. And he has 1 son(myself) and 5 sisters.

    When he was alive, he decided to sell half of the land( 16 acres) and distrubute the money among all six.
    When he sold half of our land he he distrubuted the money based on his wish. And transferred the name of remaining 16 acres of land to my name.

    He had distubuted the money via cheque and went to a lawyer and got the decree done. Assuming that is the final process of getting rid of everybody's right except mine.
    My father expired on 1997 and mother expired on 2003.

    But now all my sisters are harassing me to give the share in the remaining 16 acres of land.
    I am not sure about the new law HSA passed in 2004 is applicable to us, since our property division was done prior to this rule came in picture.

    If that is the case, property division done by my father is invalid?
    The decree done does not hold any value?

    I am 65 years old now. And I dont want to lose my property again for the second time.

    Please share your valuable suggestion.

    Posted 5 years ago #
  2. sanjaymehra
    Member

    If your father transferred the property in your name during his lifetime, that is the end of the matter. It is yours to keep. There is no need for any will or family settlement as the property was in your name on the day of his death. If it is inherited property which comes from your grandfather, then your sisters can demand a share in it. But the simple method is to show a token loan to your father and the land as being transferred to your name in lieu of that land. That takes care of any claims by your sisters.

    Posted 5 years ago #
  3. Sachin
    Member

    Hi Sanjay,
    Thanks for your response. But my father has not discussed with my daughters about transferring the land to my name done in 1995. And now they believe that with the new HSA in force, they can demand for their rights in remainnig 16 acres of land. Is this rule applicable if the property distrubution was already done. If my fathers property was inherited, does that makes a difference??

    Posted 5 years ago #
  4. Dr.Dsouza
    Member

    if its ancestor property then your father has no right to give 16 acres to you only. as it should equaly distributed among all siblings.
    if your father equired this property his own then he has right to give to anyone.

    Read

    http://mynation.net/docs/hindu-succession/

    http://mynation.net/docs/property-rights/

    Posted 5 years ago #
  5. Manojk
    Member

    how did your father transfer the 16 Acres to you? is the title of these 16 acres in your name?

    Posted 5 years ago #
  6. Sachin
    Member

    Dr. Dsouza Sir,

    My father was the first owner of the property, he got some money from my grandfather and brought the land. But now my sisters are trying to prove it as ancestor property, is this possible. Also to add on, the distrubution of the property according to my fathers wish was done and a decree was done prior to 2004. After going through the link, section 6 says *****"Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.(2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act, or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition."***.

    Does this means they have any rights left to reopen and fight the case??? Please suggest.

    Posted 5 years ago #
  7. Sachin
    Member

    Dear Manoj,

    The transfer of 16 acres of land to my name and my sons name was done before my father expired. How would this make a difference? Please share your thoughts.

    Posted 5 years ago #
  8. Dr.Dsouza
    Member

    if grandfather give money or help your father to buy land then there is no record to prove that it belong to grandfather or ancestor property. unless he add names of fathers other sisters names in RTC, and there should be some papers when land was purchased from someone else, which clearly shows its not ancestor property.
    We have old land registry papers date back to British era with British india stamps on that, so every paper in this case is valid, so get such paper where deal was done, you can easily prove its not ancestor property.

    Posted 5 years ago #

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