Legal Question in Intellectual Property in India
my grandfather came from burma and worked as constable in a small village in ramanathapuram and he also bought agricultural lands there with his own earnings and done farming. he had 2 sons and 3 daughters. my father is 4th in the family. all daughter married before the year 1978.my grandfather doesnt write any will and he died on 1985. my grandfather doesnt liked to give his daughters any share. but my father gave a property in the name of his mother(grandfather\\\'s wife) to his sisters as they asked for it and while getting it they told my father and his brother that they would never involve in other properties. since my father and his brother were loving brothers they decided to partition the rest among themselves with the help of panchayat without registering in their names. now as no property has been registered in any of the sons and daughters name and still the property(agricultural land) is in my grandfathers name and my father\\\'s brother eldest son died and now his son is taking care of his share, now the problem is my aunts(my fathers\\\'sister) due to some family problems demands us that without getting their signature without giving their share we cant register it in my father\\\'s name or his brother\\\'s sons name. now we were not much aware of this hindu succession law 1989 some say that according to that law those hindu women who were married before 1989 in tamilnadu has no right in fathers self owned property. if it is right then will my aunts has no right in my grandfathers land. is iit right. how about the land in my grandmothers name who also die in 1980 without leaving any will. does that land belongs to only daughters as they say in our village that mothers land belong to only their daughters does the law 1989 applies for mothers property also
1 Answer from Attorneys
14.03.2013
Dear Sir / Madam,
(Bharathinagar, Ramnathapuram, Tamil Nadu)
Since your grandfather and grandmother died without making any Will, they both have died intestate. Which means all their properties will be equally divided amongst all their sons and daughters (including married daughters) through a Court settlement.
There is no such law that the property in your grandmother's name is to be divided amongst the daughters alone.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
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