Advocate N Jagadeesh Kumar

Questions Answered by Advocate N Jagadeesh Kumar

Q: Rights of married daughters in ancestral property

Sir/madam We are 2 sisters and 1 brothers we have Ancestral property and it has been transferred to my Fathers name after my Grandfather expired and after my father expired the katha is transferred to my brother Name , we 2 sisters are looking for legal opinion of our rights on the property, please advice

Advocate N Jagadeesh Kumar answered
The Supreme Court has recently said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.In 2005, the Supreme Court had passed a landmark amendment to The Hindu Succession Act of 1956, granting daughters the right to inherit ancestral property along with their male relatives. But now, a 'small' clause has been added to it.A daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005, the Supreme Court rules. In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.Adding that the amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have a retrospective effect, a SC bench comprising Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming co-parcener is on and from the commencement of the Act.The Hindu Succession Act of 1956 originally denied women the right to inherit ancestral property, allowing them only to ask for sustenance from a joint Hindu family.After the amendment was passed in 2005, the only restriction to remain was that women could not ask for a share if the property had been alienated or partitioned before December 20, 2004, which is the date the Bill was introduced.

Q: Property sold while injunction order on property. Is sale valid?

Partition suit going on in civil court. Temporary injunction in our favor from 2014 till date. We have 3 survey numbers, one survey number sold by uncle's son when injunction was in place. Whether the sale of survey number through sale deed valid or not? What action should we take?

Advocate N Jagadeesh Kumar answered
It amount violation of injunction order you can file necessary application to take action against the defendant and you can also ask for cancellation of sale deed which is not valid in the eye of law.

Q: how to transfer father's self earned proprety to our mother's name ?

We are 4 brothers and 1 sister. Father died 10 year back without will. He had his own agricultural land at Bangalore rural. How to transfer all the property to living mother's name?

Advocate N Jagadeesh Kumar answered
Approach the office concerned revenue authority i.e, Tahsildar and submit necessary application in the prescribed format for mutation of land in the name of mother enclosing the Death Certificate of father and also no objection from other legal heirs to have Phani & RTC mutated in the name of mother.

Q: Can daughter claim her father's share where father waived his share

Release deed validity My grand father had four sons, namely a,b,c,d. Elder son named a was irresponsible and wayward . so my grand father got a registered release deed from elder son a by paying money. Release deed was registered in 1971 and elder son a gave away all his rights over ancestral and self acquired properties . my grand father divided all his ancestral and self acquired property equally with sons b ,c, and d . wa registsterd specifiay 25 years back and elder son passed away in 1997. Now daughters of elder son a have gone to court for share in ancestral property.

Advocate N Jagadeesh Kumar answered
Since the elder son has executed a registered Release Deed in the year 1971 after receiving money towards his share from his father and the same is valid in the eye of law. Now his daughters have no right over the properties in respect of which their father already in the year 1971 executed release deed.

Q: Poor service by company.sent sms to pay bills & attend lok adalat

I had taken a MTS data card connection during 2011 and there was network connection issues and was not able to use their service. I complaint to customer care and sent emails to them and their nodal, but they did not fix my issue. I asked them to cancel my connection. They did not do it and sent me a monthly bill, which I did not pay. Now MTS is sending me SMS Stating "your lok adalat date is on 26th Nov 2015. Plz pay your dues of Rs 1500 for MTS no. to avoid court visit or attend the adalat to get one time settlement. Plz call for any support. Plz suggest if I need to go there as per their ms

Advocate N Jagadeesh Kumar answered
Pl appear before lok adalath with all the documents and prepare your submissions in writing enclosing the relevant emails etc requesting MTS to discontinue the connection etc and request to close the issue.