hey need to make small changes in wat i said 1) self acquired property , all heirs have equal right if the father dies with out writing any will 2) ancestral property , women have equal right from 2005, if father died before 2005 with out writing will , womens have no right and if partition is done before 2005 than they don't have any right 3) in our case , time limit has been crossed so my aunts chances of winning the case is very less and we have lot of support from elders of my aunt and my grand mother
"1) self acquired property , all heirs have equal right if the father dies with out writing any will " Exactly. Since your grandfather acquired the property, all his heirs (i.e., your father + all his siblings) have equal rights over it.
yes what chitmin has written is the baseline... and you say that giviing share to girls is not culture in your place... but thats not what the law says.... dont confuse..
As my family personal experience, Dont file case. Try to compromise with your family member. This is civil case, It may drag to 20 to 30 years.We had similar situations, we filed a case, That case went for 20 years in civil court , finally, we won the case. But the oppositor went to high court. Can you think, it will go again another 20 years then another 20 years for supreme court decision ..... So We compromise between us and You know, our land value is 5 crores. But our four family members get 20 laks each. Remaining eaten by Lawyer and other people only. Those 20 years, no peace at all. We lost the relationships too.My suggestions is , Better you guys are meet together discuss and put a chart like what is the value of property, how much each family will get if you divide equally , how much your father spent for them. Subtract that money from the share.You may loose some of your share money. But you can think like it is better "your family member is eating than lawyer or other 3rd person".
the problem with our family property is when my aunts got married the cost of the land was very less than wat they got in dowry and in our family , we give only dowry and settle the issue with the girl and no girl after marriage come for share and we even sold our house which is in crores now, for their marriage at time there are more than 1000 families in our town who are our relatives in some way but none of the women comes the problem is now the value of land is very much , we saved that land we did not eat up that land , like wat they ahve done with their dowry if my aunts had invested that money in lands they would have got more than wat is there my grand father never entertained women for property share the only problem is he died suddenly in accident falling from steps and knowing my grandfathers interest my aunts did not come for share , but now they are coming for share in property after 30 years of my grand fathers death my father gave them a lot of money even after marriage and taken care of one of my aunts children giving them education and food now those idiots are also abusing us now we were ready to give 30 laks each and we have gone for compromise , but they have abused us and threatened us people loose values for money and go for others property shame on those kind of people
All that was done was from your grandfather's property. The dowry was given from grandfather's land. If your grandfather had no intentions, law doesnt agree to all those, he left behind no will. You spoke about all the law and stuff why are you all of a sudden barging on your ants and saying that they are doing isnt right. Legally they have rights, thats says it all , just because your village does not have custom of giving share in the property to girls, that does not mean that its the law. You people are ready to give 30L and compromise, but why dont u see that the property is crores worth and the share that they would get in case of equal partition is much more than 30L, why wd they give up ? You are saying people can become anything for money, you are also doing the same. All these spending money and after marriage and before marriage for aunts does not hold much weightage in court. just the immovable property counts.
Dear OP , It seems that you are bent on having litigation with your aunts , tomorrow other sisters and daughters might follow their aunts footsteps and demand their share too. They should get their fair share . You would rather pay the lawyers and fill their coffers , you will have to fight a long battle ahead . Daughters should be given their share of property as per law. Money is spent on both sons and daughters education and marriage . People accept family property share belonging to their wifes/DIL happily but dont want to give a fair share to their own sisters and daughters. This is happening in quite a number of families as property rates have gone up.
how can a women who is married for 30 years and whose account was settled get a share in the property who's father never intended to give it when he was alive , the only problem was at that time people never expected that this women would come for share and they did not write any will because they never expected its foolishness because son's and daughters are educated their marriage is their fathers duty now for a girl in 80 when dowry system was prevalent they got 25000 rupees and now my father and my fathers brother who got dowry the money was used to pay of the debts made for the marriages of daughters see in a joint family its just the trust that does not take us to the court now you say equal share , do you come forward to take the equal responsibility in family debts my grand fathers funeral was done is very grand manner we payed money for that now does a girl pay for the funeral ,when you say equal rights it should be equal in everything may be in sharing the property and sharing the responsibilities its just easy to come and ask for a share in the property now just show me one girl who got married and now after 20 who will come forward to take the responsibility of the joint family debts will any women come to take the responsibility of debts show me one girl now as we did not give any dowry to my sis my father property was equally divided betwen my sisters and me and i have happily agreed its not just modern thought you have to look retrospectively on how the society survived than and wat facilities women had than and wat responsibilities men had there should be a cut off point after which only daughters should have right not like 60 years old women coming for the property share who grand daughters have children that is bull **** fun point my grand mother's grand daughter's grand daughter is one year old hmm
my grand father was admitted in hospital and it was very costly hospital my father payed for the money and " you will say its son's duty equality should be there in all the matters not just one " we never got money from the property which we had , it was just normal land which we have given for rent we used to get 1000 rupees as rent for the total land and it was taken by my grand mother and she used to give it to her daughters and grand daughters and wat ever money we used to give to my grand mom , she used to give to her daughters now when the property value goes up how can they come up when it was our land
women marrying off and account gets setteled...huh you are speaking emotionally..its of no use you asked for legal opinion, what we knew we shared...