Hi Respected Sir, I am from Andhra Pradesh.We have ancestral property which is being passed on from generations to us.My grandfather died in the year 1993 without leaving a will.My grandmother expired in 2009.My grand parents are survived by 1)One son (my father and he is the youngest among all siblings) and 2) 3 daughters (my aunts). My 1st and 2nd aunts marriages are performed by my grandfather in 1970's respectively. My 3rd aunt and fathers marriages have also been performed by my grandfather in March 1985 respectively. After the death of my grandfather is 1993.My father got the ancestral properties registered under his name.My father expired recently (Oct 2014) due to bad health condition. My eldest aunt has served us legal notice asking for partition of ancestral properties and asking for her 1/4th share of the same.She has also mentioned in the legal notice that she would be exercising her rights under Hindu Succession Act 1956, Hindu Succession Act 1956 (Andhra Pradesh Amendment Act 1985) and Central Government Amendment Act 2005. My requests are 1)whether my aunt still hold rights even after her marriage which happened before 1985?. 2) Is it the same case with my 3rd aunt as well? Does she hold rights? 3) If so, may I also know what percentage of rights do they have? I humbly request you to give me legal advice/suggestion in my case. Thanking you, Bhushan.
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1. After the demise of a person, intestate, all his legal heirs acquire equal right on his property,
2. Legal heirs of a man include his wife, mother, sons and daughters,
3. So, all your aunts have equal right on the said property though they were married off earlier.
1) your aunt has 1/4th share in property owned by your grand father .
2)each legal heir ie 3 daughters and 1 son have equal share in the property
3)properties could not have been registered in your father name without NOC from his 3 sisters .
1. The marriage of a female has no co-relation with her rights in the ancestral property. A legal right which has accrued to a woman does not cease to exist on her marriage. It is not clear from your query as to who originally purchased the property in question. If the original purchaser was your grand father then the properties cannot be termed ancestral. If, however, the properties were ancestral in nature then your father's sisters had an equal share therein, in view whereof your father could not have got the properties registered in his favour in the record of rights. Hence, all the sisters of your father have an equal share in the properties which they can cull out through the process of court. The legal claim of your aunts can be defeated only in the event it can be shown that your sisters relinquished their rights in the properties.
2. All your aunts have an equal share in the properties.
3. Your father and all his sisters have 1/4th share each in the properties.
Thank you respected sirs, I have one more question. Two aunts have agreed to give up their rights for a settlement of some amount to us. If we go ahead and proceed to acquire their rights (settlement) with 3rd aunt taking the legal course, will the settlement made by other two aunts will be legal? or should the partition happen only with all parties ( that is with 3 aunts and my father(late))
1) 2 aunts can execute gift deed/ relinquishment deed in respect of their 1/4th share .
2) any settlement arrived at with 2 aunts would be legal .
3) in the alternative deed of family settlement can be made singed by all legal heirs
1. Your aunts are free to relinquish their share in favour of your father. The settlement between your father and 2 aunts will be legally valid. There is no law which demands that a settlement should be between all the legal heirs.
2. The third aunt who is unwilling to relinquish her share is entitled to cull out her share through the process of court.
1. The Aunts who are willing to settle the matter with your father can execute and register a settlement deed/gift deed in favour of youe father after which your father will be the absolute owner of their share of the property also,
2. The aunt who will not execute the said settlement/gift deed will have the right title and interest on her share of the said property.
Your father registering all the properties in his name without the consent or authority of other siblings holds no water and your father will not get the whole right. Your father will get right only to the extent he has i.e. 1/4th right. If your father has to get the whole title he has to obtain registered release deeds from your aunts. Since you are of the same location i.e. Hyderabad you can contact me personally or [deleted] for further details.
1)Yes.
2)Yes.
3)1/4.
Thanking you,
Dear Querist
after the death of Your Grand parents, the legal heir of the deceased will be the sharer of the properties of the deceased and all will get equal share in the property, if your two aunt are ready to settle the matter with you/your father then no need to worry, execute a family settlement deed and give the settle amount with acknowledge.
if third aunt is also ready to settle the matter amicably without the interference of the court then follow the same procedure otherwise fight the case on merit.
