My details : Female, 60 years old, Married in 1980, Karnataka. My father had 2 plots of agricultural land (Ancestral), Plot-1, Plot-2. In 1994, my father gifted Plot-1 to my Brother & Plot-2 to me by changing the OWNER'S NAME in the RTC document. There is NO Will or Partition deed. My brother sold the Plot-1 after the death of our father. Now my brother claims that he has a right in Plot-2, citing that Plot-2 is NOT REGISTERED in my name. 1. Is my brother's claim Legally Valid ? 2. In case, If my brother has Legal Rights in Plot-2, can I counterclaim that I also have a right in Plot-1. Though Plot-1 has already been sold, can I get any monetary benefit ? 2. Does my marital status & year of marriage, which is 1980, play a role in this case ?
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1. Technically he does have a right on your property but you on the other hand also have right on the property that he illegally sold.
2. Yes, you can claim your share or monetary benefits by raising a civil dispute and making your brother and the new owner a party to the suit.
3. No, it doesn't make sny difference.
Please note that before going into a litigation, it is advisable to send a strong Legal Notice to your brother, so that he comes to a settlement.
I wish you the best!
You can also claim in the portion sold by your father and declare sale void.
any gift deed or settlement deed registered or not by your father.
2. No
His claim is valid as no registered gift deed executed for n your name
2) you can claim share in sale proceeds of plot no 1
Merely changing the name in the RTC records shall not legally amount to any gift or settlement. After your father's intestate death, his estate devolved equally on your brother and you. Both shall have an equal undivided share in it. Division of his estate as Plot -1 and Plot -2 is, therefore, legally untenable. Please engage a competent lawyer and file a suit at the proper court for declaration of your title, setting aside the sale of Plot - 1 by your brother and for partition of your father's estate by metes and bounds in favour of your brother and you.
How plot was ancestral? which plot you got - ancestral or father's plot?
1. No and that too after 42 years, not valid.
2. yes. Nevertheless you are absolute owner.
3. No. it is the date abd tear matter when your father had transferred the plot to you. Plot given to brother also matter.
However, details and documents required to be examined to ascertain exact position.
Dear Client,
In the Present Scenario, you are 60 years old, and was married in 1980, in Karnataka. Your father had 2 plots of agricultural land, ancestral in nature. In 1994, your father gifted Plot-1 to your brother, and Plot-2 to you, by changing the owner's name in the RTC Document. However, there is no will or partition deed for the same. Your brother sold Plot-1 after death of your father. Now, your brother claims that, he has a right in Plot-2 as well, citing the reason that Plot-2 is not registered on your name. Herein, firstly, your brother's claim may not be valid, because, your father had gifted Plot-2 to you, and had changed the owner's name, thus making a strong claim for you. Further, the absence of a will or partition deed means that the property would be divided according to the Hindu Succession laws. However, since it was gifted to you, it would be your separate property. With respect to counter claiming of rights, since Plot 1 was gifted to your brother, he is the owner of the same. However, if he assets an ownership over Plot-2, you may also claim over Plot-1. The marital status of a person and the year of marriage does not generally play a role or have a direct impact on your rights of ancestral property.
Hope you find this answer beneficial for resolving the dispute.
1. As per law, an unregistered or oral gift deed is not valid under the Hindu Succession Act.
- However , if the possession of the plot No.2 was handed over to you by your father with an unregistered documents even then you can prove the said gift , otherwise it is not valid.
- Further , in the absence of any unregistered gift deed or will , the said property would be devolved on you and your brother equally.
2. If plot No.1 was sold by him after the demise of your father , then you have also right to claim over the same.
3. No.
1. The change of name in RTC and subsequent possession and enjoyment of your share of property is sufficient to prove that it belongs to you
He also got a similar settlement hence that would be a precedent.
2. You also file a similar suit over the property he sold earlier, he will the pain of pinch then.
3. No it will not make any difference
1. If the brother could claim that he has a right in plot-2 , then the sister also could claim her share in plot-1. Hence brother's claim can't be legally valid, if he has sold the property on or after twentieth december two thousand four.
2. Sure. You would be at liberty to counter claim share in plot-1 even after it has been sold on or after twentieth december two thousand four. You can settle that by getting monetary benefit.
3. Irrespective of your marital status and year of marriage you are entitled for a share as per the Hindu Succession Act 1956 and subsequent amendment in 2005, if the plot-1 has been sold on or after twentieth december two thousand four.
Validity of Your Brother's Claim on Plot-2: Since there’s no registered gift deed or will, your brother may claim a right over Plot-2 under Hindu Succession law, but you also have a strong claim due to your father's intent to gift Plot-2 to you, as indicated by the RTC document change.
Counterclaim on Plot-1: If your brother asserts a right over Plot-2, you can counterclaim on Plot-1, even though it was sold. You may be entitled to monetary compensation from the sale proceeds.
Marital Status Impact: Your marital status and year of marriage (1980) do not affect your inheritance rights, especially under the Hindu Succession Act and its 2005 amendment, which grants equal rights to daughters in ancestral property.
Consider sending a legal notice to your brother and consulting with an experienced property lawyer to initiate a claim for a share in Plot-1’s sale proceeds if negotiations fail.
1. Your brother's claim is legally right but you can counter it in court stating that he also had property in tghe same way from your father which he has sold.
2. In the above event, your brother's said sell can be challenged by you or you can claim 50% share of the sale proceeds being co-owner of the said property.
3. Your marital status has got nothing to do in the instant cases.
Followup question. Revenue record RTC has my name as the owner. I have been paying Revenue taxes continuously from 1994 to till date. My brother sold his share of the property before December 20, 2004 (HSA 2005). Does this affect my counterclaim?
As per the gift deed you and your brother have been given properties separately but he sold his share and now filing a suit for a share in your property which is not maintainable in law.
Perhaps if you plan to file a counter claim then your defence to the suit he filed may not hold good grounds therefore you may think twice before planning to file a counter claim.
A Revenue record is merely a document evidencing title and NOT a one conferring title as such. An ancestral property is one which is in common possession and enjoyment continuously for four generations. Your legal position shall not be affected in any way. Please be guided by my earlier advice.
What were you doing for 20 years
your claim would be barred by limitation
It might affect your counterclaim when it comes down to the part when you got the knowledge of your brother selling the property off. The knowledge of that very factum will be the deciding factor in terms of limitation period and the fate of your counter claim as well.
If your brother has sold his share of the property through a registered sale deed before [deleted], it affects your counter claim.
1. Revenue record is not the document to ascertain the title of the property, the Registered Deed of Conveyance is.
2. No. You can claim your share on the said property even if it was sold in the year 2004.
No he can’t claim the same if he claims then he has to also give share in his sold property to you. It will not affect your counterclaim.
No.
- Since, you got that property from your father and continue in the possession of the same , then it will not affect on your counterclaim.
- However, the property taxes are not a proof of ownership of the property.