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Ancestral property dispute in Hindu family in Pune how to proceed now
26-Sep-2023 (In Property Law)
We have ancestral property in Pune City it's a Wada. My father has expired. I have 3 sisters (one window, one divorced, one married) n mother (she doesn't stay with me ) n I'm married having one daughter n wife . Till now my mother n elder sister were taking all financial decisions but they always have done partiality with me n now I'm tired of their behavior. There's one shop in the wada along with 3more rooms n we want to rent it out, 1. could the sisters ask to get the share in the rent ? 2. Could my mother alone take the rent? 3. Does my mother hold her individual share in the property or only we four have equal shares? 4. How can I sell my share if I want to?
You all five will get equal share in the property including your mother, if your sisters are ready you may get their respective shares released in your name by registered release deed. As of now you can sale your share property only.
Helpful?
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Hello, first of all you should issue a legal notice stating all your greviences and then file suit for partition so that you will get your right of share by metes and bounds. If it is a joint Hindu family property you can not sell it alone unless and until you right and shares are separated.
Helpful?
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Adv. Sagar Kothari
Pune | 400+ Answers
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As per your query,
The date of the death of your father plays a vital role to decide the rights of your married sisters and get the benefit of the amendment of 2005 in the Hindu Succession Act. The Supreme Court rules that, A daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005. 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.
In the given circumstances;- Firstly if your father has expired after September 9, 2005 your sisters can claim to get the share in the rent. Second and third query, your mother definately has individual and equal right in the property and if all siblings decide rent can alone to given to your mother. Fourthly of you wish to sell your share priority should be given to your sisters to purchase the same as you would rarely find a purchaser to purchase certain share in the property.
Regards.
The date of the death of your father plays a vital role to decide the rights of your married sisters and get the benefit of the amendment of 2005 in the Hindu Succession Act. The Supreme Court rules that, A daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005. 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.
In the given circumstances;- Firstly if your father has expired after September 9, 2005 your sisters can claim to get the share in the rent. Second and third query, your mother definately has individual and equal right in the property and if all siblings decide rent can alone to given to your mother. Fourthly of you wish to sell your share priority should be given to your sisters to purchase the same as you would rarely find a purchaser to purchase certain share in the property.
Regards.
Helpful?
18+
18+
Adv. Neelkanth Goswami
Thane | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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