Q.: We are three brothers and two sisters. My elder sister was married on 3rd Aug. 1989 and has one son. Another sister was married on 5thNov.1995 and has no issues. We three brothers are living together as joint family in an ancestral house and have inherited ancestral property of our grandfather. Our parents have expired. Now my sisters are demanding shares in ancestral property including the house and have threatened to file a partition suit. As we would like to settle the issue amicably, please advise us.
A.; Earlier, the daughters had no rights in-parcenary property that is joint family property as per Hindu Succession Act 1956, later on various states have amended the Hindu succession act conferring equal rights daughters.
Karnataka state has amended the section 6 of the Hindu Succession Act. Section 6A of Act provides equal rights to the daughters and are entitled to equal share. This amendment has come into force from 30th July 1994. But the amendment clearly states, the provisions of this amendment does not apply to daughters married prior to the commencement of Hindu succession (Karnataka Amendment) Act 1990.
In the light of above, your elder sister, who was married on 3r Aug 1989, is not entitled to any share in joint family property, but your younger sister who was married on 5th Nov. 1995 is entitled to equal share. Another interesting factor is your ancestral dwelling house where all the three brothers are said to be residing. According to section 23 of Hindu Succession Act, the female heir cannot force partition of such house until the male members opt for partition. As such your younger sister cannot force the partition of ancestral dwelling house.
What I have dealt above is the legal position. But since you are for amicable settlement, all the brothers and younger sister may voluntarily give a part of the property to the elder sister to maintain cordial family relationship.
Q.: I have purchased a land off Kanakapura Road from one of my friends. On verification of document I came to know that the said land was originally allotted to the member of a schedule caste from the Government of Karnataka. My friend by whom I have purchased the land had purchased it from the said member of schedule caste 10 years back. I learnt there are some restrictions on sale of such property. Please inform whether I derive good valid title to the land?
A.: The land which you have purchased from your friend was originally allotted to a member of schedule caste free of cost by the Government of Karnataka. Your friend has purchased the said land and subsequently has sold it to you. The transaction i.e. the purchase of the land which is allotted free of cost to a member of schedule caste is in violation of the provision of prohibition of transfer of certain lands act 1978. The purchaser will not get legally valid title to the property.
The government may initiate action against you, resume the land and re-allot to the legal heirs of the original allottee.