Indian Law/property dispute
QUESTION: My grandmother (hindu) had registered a settlement deed in 1949 in favour of my grandfather with a condition that guru pooja, bajana etc has to be conducted on her samathi and to put deepam daily by her male descendants in hereditary, that no female heirs in hereditary will have any right over the properties and she died in 1950. My grandfather, and his 02 sons have executed a family partition deed in 1970 in a stamp paper (but not registered) and accordingly my father got his share. My father died in 1973 leaving behind my mother and 02 daughters. Now my cousins are alleging that as a female heir we have no right and are creating problem to my aged mother. Tax is being paid in my mother's name and patta is also is in my mother's name. Yet they are objecting us from registering the properties in our name (mine and my sister's name. Don't I have any right being a female heir?
ANSWER: If a male Hindu dies without making a "WILL",then the wealth left by him are distributed amongst his legal heirs preferably equally to his class-I heirs comprising son,daughter,widow,son/daughter of a predeceased son/daughter etc. and otherwise to class-II heirs comprising father,brothers/sisters etc.as per the order prescribed in the Act.However,prior to amendment of the Hindu Succession Ac,1956 the daughters were excluded from participating in the coparcenaries ownership and thus discriminated on the ground of gender. It also led to oppression and negation of her fundamental right of equality guaranteed under Article 226 of the Constitution of India. Parliament felt the same and accordingly decided to make in necessary changes in the law. Accordingly, Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession (Amendment) Act, 2005 under which daughters who were born and married before 1956 are also entitled to get a share in the property left by a deceased person.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
1. upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
2. upon the heirs of the husband.
3. upon the heirs of the father, and
upon the heirs of the mother.
Partition Deed has got no legal validity unless it is registered. No transfer of immovable property can be made without executing and registering a Conveyance Deed.
In the instant case, through the law of inheritance, after the death of your grand-father, his property will he inherited by his legal heirs including your father.If your father made any WILL, then after his death,his share in the said property will be distributed as per the said WILL. Otherwise it will devolve upon your mother wholly as per the Succession Certificate to be issued by the court. Thereafter, your mother can make a "WILL" to distribute his wealth to anybody of her choice including her two daughters.You may get this WILL registered to prove its legal validity afterwards.Further, after the death of your mother, it will be necessary to get this "WILL" to be probated through a court.
Alternatively to maintain peace and cordial relation within the family ,you can enter into a ''Family Settlement Deed''.It will facilitate equitable distribution of the wealth instead of concentration of the same in the hands of a few.Further,it would avoid litigation and will help to maintain reputation of the family.Even Courts have recognised such mode of settlement.However,it will also require registration of the Deed.
In view of the above, please take appropriate decision in the matter in consultation with a suitable lawyer.Apparently you have nothing to worry about.
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QUESTION: I and my sister have no problem in partitioning. Only my cousins are creating problem to my mother saying that the property cannot be given to her female heirs (us) as per the condition laid down by our grandmother in her settlement agreement executed in 1949 wherein she has mentioned that female heirs in hereditary has no right over the property. They are restricting her from registering a settlement deed in favour of us. What my mother should do to execute a settlement deed in favour of us (02 daughters) ?
ANSWER: As I have already stated you, if a Hindu dies intestate,then his wealth will devolve upon his legal herirs as per the Law of Succession.Since no "WILL" was made by your grand-mother or grand-father,so after their death their properties will devolve upon their children.Further, parition Deed can be made only by the co-owners.So, your cousins have no legal authority to prevent the Partition of the property belonging to your mother.Moreover, there is no need to prepare any Partition Deed in the instant case.She should either make a WILL to divide the property after her death or during her life time,a Family Settlement Deed could also be made.
In view of the above,please take appropriate decision on the matter in consultation with alawyer.
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QUESTION: Sir in our case, grandmother has registered a settlement deed in 1949 favour of our grandfather and left the properties intestate with a condition that only he male heirs in hereditary will have right over the property. The question in the mind of my cousin is than since my father has no male members the property will to their father (brother of my father) and that makes them think that my mother has no right to write a WILL or execute a settlement deed in favour me and my sister. Please clarify us.
Since your grand-father died intestate,his wealth will devovlve upon his legal heirs as per the Succession Certificate to be issued by the court.As per the provisions of the Hindu Succession Act,after death properties of the deceased are transferred to his legal heirs , as per his last made WILL and in the absence of the same through Succession Certificate to be issued by the court.So according to me, your cousin's interpretation is not correct.Moreover, the Settlement Deed will have no validity unless it was registered.However, please consult a lawyer and follow his advice in the matter.