logo logo

We are three brothers and two sisters. My elder sister was married on 3.8.1989, and has one son.  Another sister was married on 5.11.1995, and has no issues. We three brothers are living together as joint family in an ancestral house and have inherited ancestral property of our grandfather. Our parents have expired. Now my sisters are demanding shares in ancestral property including the house and have threatened to file a partition suit.  As we would like to settle the issue amicably, please advise us.

- by Ramamurthy, Kollagal

Earlier, the daughters had no rights in Co-parcenery property that is joint family property as per Hindu Succession Act 1956; later on various states amended the Hindu succession act conferring equal rights to daughters.

Karnataka state has amended Section 6 of the Hindu Succession Act which came into force from 30th July 1994. Section 6A of the Act, provides equal rights to daughters and they are entitled to equal share. But, the amendment clearly states that the provisions of the amendment do not apply to daughters married prior to the commencement of Hindu Succession (Karnataka amendment) Act 1990.

In the light of the above facts your elder sister, who was married on 3.8.1989 is not entitled to any share in joint family property but your younger sister who was married on 5.11.1995 is entitled to equal share. Another interesting factor is your ancestral dwelling house where all the three brothers are said to be residing and according to section 23 of Hindu succession Act, the female heir cannot force partition of such house until the male members opt for partition. As such your younger sister cannot force the partition of ancestral dwelling house.

What I have dealt above is the legal position. But since you are for amicable settlement all the brothers and younger sister may voluntarily give some part of the property to the elder sister to maintain cordial family relationship.

image

These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- We are three brothers. The youngest one ran away at the young age of 15 and there was no news about him for the last 14 years. We filed a police complaint and made all enquiries through available channels. During this period our parents passed away and we got the properties divided between the two of us. Now the brother has come back and he is claiming his share. Is there any way to solve this unexpected problem?

Q:- My father owns a property in Bangalore. If consists of ground floor only, we are two brothers and one sister. Property in question stands in the name of my father, which is self acquired. I have been granted a home loan to construct the first floor, my sister and brother wants to construct the second floor. But my father has refused to give no objection letter or even cede our proportionate share in the property. Please advice how to overcome this problem.

Q:- Can I make a joint will with my wife?

Q:- I had signed as witness to a Will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. Really I do not know the contents of the Will, but has seen my friend affixing his signature. Please advise what is my role?

Q:- I had signed as witness to a will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. Really I do not know the contents of the will, but has seen my friend affixing his signature. Please advise what is my role?