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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.

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

QUESTIONS

Q:- I am married and have two children. However, I had a girl friend with whom I had intimate relationship before marriage and have two children from her. My girl friend is dead.  I own some properties, which are self-acquired and also some inherited ancestral property. I want to settle the issue of properties, now itself to be operative after my death to avoid any disputes. Can I give some portion of the properties to my children from my girl friend?

Q:- I am a Hindu widow. My son is a minor, who has immovable properties. My husband had made a Will bequeathing some properties to my son. My husband by a separate will also nominated his brother (my brother-in-law) as the guardian of my minor son, and the properties. My brother-in-law is not a good person and cannot be relied upon. As a mother, do I have any hold on the properties of my minor son? Please advise.

Q:- I had purchased a house in Basaveswaranagar, which I had bequeathed to my only daughter.  The will is registered.  Unfortunately my daughter is suffering from serious heart problem and needs hospitalization and surgery.  The doctor has informed that the entire process may cost two lakhs and some additional amount for post operation treatment.  I want to mortgage my house which is willed to my daughter and avail loan.  Please advise whether it is possible?

Q:- The Khata of property which we own is still in the name of my father who has died five years ago. At present the property is jointly owned by my mother, me and my sister as per the will made by my father. Tax paid receipts are issued in the name of my father. The property is in Gokula Extension, Bangalore. Please advise the procedure for transfer of Khata in our names. Can the Khata be in any one of our names?

Q:- I own a property jointly with my sister, which is acquired by both of us out of our own funds. I am aged and my sister is taking care of me as my children have abandoned me. Please inform how I can transfer my share in the property to my sister, without much expenditure in my lifetime?