Legal Question in Civil Rights Law in India

Sirs,

Family is a Hindu joint family. 10 Children (4 brother 6 sisters)

There are 2 properties (Agricultural land + Residential land where the family lives). Agricultural land was purchased by father in 1947 and father died in 1961. Mother died in 1989.

Elder son (a teacher) became the karta and passed away in 2003. Second elder son (doctor) became karta and is still managing tthe property. The partition of property never occured. However the "patta" of the agri land is on 4 brothers jointly.

All the 6 sisters are illiterates and are married. 2 of them already expired. There has been discussions about partition and share of properties etc. but never happened.

The question is:

According to the 2005 amendment of The Hindu Succession act, can the women children get the equal share from the agricultural land and other proporties?

Is there anything in the long history can affect their right for the share?

As the women are illiterates, they dont even know their right and are begging for some thousands to their brothers who are not willing to give anything. Every time there a discussion comes about partition or sharing money after selling the property. but it doesnt happen and some brothers are trying to sell it secretly.

Appreciate your answer and clarification.

Thanks

Ganesh


Asked on 8/14/09, 9:05 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

after the amendment, even the girl child has an equal right in the property and it is advisable that the sisters take a legal action and file a suit for partition and in case its an agricultural land, they can approach the area Executive Magistrate for the legal formalities.

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Answered on 8/14/09, 11:54 am


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