Legal Question in Family Law in India

Sir,

1. Our grandmother (Tamilnadu/Hindu), possessed some land property/building. In 1949 she had registered a settlement deed in favour of his husband (our grand father) with the condition that the land/ property should always be inherited only by her male heirs and she died in 1950.

2. In 1970 my grand-father, and their 02 sons have entered into an agreement (in stamp paper but not registered) for partitioning the land/properties. Accordingly certain land/property came under the possession of my father (Christian convert) and my father died in 1973. My mother is presently is in possession of the properties and paying all the taxes. Tehsildar office has also issued title documents in the name of my mother.

3. In our family we are only 02 daughters. As such my cousin brothers are of the opinion that they will get the entire property after my mother as per the condition laid by our grandmother in her settlement deed that female heirs will never have any right over the property. My mother wanted to register the land/properties in our name. Our cousin brothers have given an application to the Registrar not to register any settlement deed by our mother quoting the conditions laid down by our grand mother.

4. It is requested to intimate whether we have any legal right over the ancestral property and kindly guide us.

5. We would be grateful if any relevant orders of the Govt/ Supreme Court in our favour please be quoted in this regard.

Mrs Jesica & Mrs Jose

Madurai (Tamilnadu)

3 Answers from Attorneys

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