We are two daughters and one brother. We both got married on 1980's. My Father brought 10 acres of land after marriage in 1990 and 2000 between in his name. That time we were visting to father house in vacation time and helping them in agricultural activities as a part time job. Now my Father is still alive and we both need share in that 10 acres property as Joint family properties because we and all of them are cultivating and enjoying the suit schedule properties jointly. Now my father want to give his entire property to my our brother only but we also requested share in that property but he denied. So we both are planning to suit a case on Joint family property law against my father. Please suggest us how share will both get in that 10acre land. We are aware that, irrespective of birth date and marriage date we are joint coparency to that family. Kindly suggest shall we go and suit against my father. His age around 80 and how much share will we get in the court. What all documents needed to produce in the court to prove and also to get share.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
This is the self acquired property of your father having been purchased by him out of his own funds. He is an absolute owner of this property and is free to take any decision as regards to his disposal.
Under a misbelief, you've been calling it a joint family property. Had it been a joint family property, you were entitled to a share in this but, unfortunately this isn't one.
1) it is self acquired property of your father
2) you don't have share in said property during father lifetime
3) if he died intestate you ha e one third share in said property
4) father can execute gift deed in favour of his son if he so desires
On what basis do you call the properties joint? Merely because many members of the family are cultivating the property jointly it does not attain a joint character. Your understanding of the concept of joint property is flawed. This is your father's self acquired property, which he is at liberty to sell, bequeath or gift to anybody he desires. The right of an owner to discriminate among his heirs at the time of distribution of property is indefeasible.
1.if the land was acquired by your father from his own fund then merely because you helped him in cultivating doesn't make it a joint proeprty.
2.Hence he during his lifetime can give this proeprty to anyone he chooses.
3. So if you file a suit for partition no relief is expected from court.
1. The title of the property stands in the sole name of your father for which he is the sole owner of the said properties.
2. The fact that you had helped your father in cultivating the land when you used to visit his place, does not entitle you to claim any share of the said properties and make you a co-parcener since it is not a joint family property at all.
3. Your father, being the sole owner of the said property, can deal with it in any way he feels like including gifting it to his son.
4. Your filing a case claiming share of the property demanding that it is a joint family property will be futile unless you can prove that the title of the property stands in the name of your ancestors and it is a jointly held family property.
Hi, the property is self Accquired by your father , therefore no child can legally claim over it .. The children can only claim right in the ancestrol property
Actually Fact is My Father is having 1 Acre Ancestral property and 1 Acre gifted from her mother(i.e our grandmother) total 2 Acres in 1950's, In this 2 Acres he was doing cow (diary)farming and agriculture activity in his name only till now. Using this 2 Acres Ancestral property and diary farming only he was able to buy 10 Acres and also with the help of us, my mother and bother too. Not single handed he cannot earn that 10 Acres, and also he has not earned from his talent/mind ability just physical and our support also involved, so how he can become absolute owner?. So our local lawyer advice to file a case on my father and brother on Ancestral and Joint Family property Act. So yesterday We both filed a case on my father and brother for complete property partitioning. Send Notice to them through court and We waiting for hearing from them next month in the court. Now my father is ready to give 1/4th share in that 1 Acre only. It is very bad for us. Their is no equal right for daughters just because we married to different person? and also our local lawyer advice's irrespective of birth date and marriage date we are joint coparcenary to that family. Kindly me advice shall i agree for only 1/4th share in 1 Acre only? or shall i demand more another 11 Acres?
You have share in one acre ancestral property only
2) property gifted by grandmother to your father would be his self acquired property
3) do not agree with your lawyer opinion that you have equal share in the 10 acres of land
1. This 2 acres of land is not considered as ancestral property. The definition of ancestral property is different. It is his property part of which he has inherited.
2. If your father dies intestate, you shall get equal right on all his properties as per law but he also has the right to bequeath or gift or deal with his own property the way he wishes to.
3. If he has agreed to give you 1/4th share of 1 acres, then it will be prudent on your part to accept it immediately.
4. If you refuse to accept share of the 1 acre and force your father to go to the Court demanding 1/4th share of all his properties, the matter will go to the Court and you may not get anything at that time through court as legally, you have no right on your father's properties during his lifetime.
1/4 th share in the 1 acre ancestral property, belongs to you on any given day, whether or not he offers. However, since he himself is offering this to you, you could accept this. However, if in return he wants you to withdraw the case filed by you, do not accept his offer.
In light of the facts recited by you in your follow up question, you take on chance by demanding a share in the complete 11 acres. Stick to what your lawyer says, and act accordingly.
this happens to be the self acquired property of your father and therefore you do not have any claim on the said property during his lifetime.
IF however, your father dies without a will then you will have 1/3rd share in the said property.
Regards
You will only have share in the ancestral property i.e., 1 acre of the land.
You do not have equal share in the 10 acre property and the property received by your father by means of a gift will be his self acquired property and not ancestral property.
Regard s
If you have evidence to prove that the property of your father has been accessed and treated by all the family members as joint property then you can claim share in the property. If you father had no such intention then daughter cannot claim share in the self acquired property of the father.
You have said that whenever you visited the paternal home you used to help them in agricultural activities, this evidence is important for you to established that you worked on the property with the intention that it is joint family property. However you can file a civil suit on this ground but you have to adduce some other independent evidence in support of your claim. According to the Hindu personal law your father has absolute right over the property because it is his self acquired property.
1. If the property is ancestral in his hands then you do not have a right to claim partition thereof during his lifetime. Only and only if it is ancestral in your hands then you claim partition of it.
2. Your lawyer is right in saying that the date of marriage of daughter does not have any nexus with their right to succession.
3. Once you have filed the suit and claimed a specific share you cannot now amend your plaint to claim a greater share.
The property is reportedly bought by your father, hence it is his self acquired property.
He is the absolute owner of the entire property bought by him.
As per law he is the only person who has any right in the property.
Your father has marketable title to the property hence he can very well transact with this property in any manner of his choice and desire.
His decision to transfer the entire property to your brother cannot be challenged or his authority can be questioned.
This property neither comes under HUF nor he is a Karta to the properties.
He is the absolute owner of the property, hence any case filed by you against his decision or seeking any share in the property is not maintainable in law.
Instead of fighting a losing legal battle, you can arrange for a family meeting and place the request to allot you both the sisters a share in the property out of love and affection towards the female children too.
You have been thoroughly misguided by your lawyer or any other person in this regard.
Actually the share of property which was inherited by your father is also not an ancestral character.
This property also becomes your father's own property in which only he has full rights.
Your partition suit against your father and brother is not maintainable or tenable in law.
In my opinion, instead of fighting a legal battle, you may compromise with your father and ask for more share in the property when he is already ready to give 1/4th share.
This will be a wise decision because the stretched litigation spread over a decade and finally not getting a favorable decision, would frustrate you more and at the end you will be losing everything i.e., the time, money and energy by losing the non-maintainable case.
Take wise decisions at right time.