FORUM
Same rights for women in hereditary property
Question: My father-in-law and mother-in-law have their hereditary property from their parents; my father-in-law has also earned some more property. We belong to the Hindu religion in Tamil Nadu. I need to know the following:
1. My wife is one of the three daughters of my father-in-law and got married on June 18, 1986.What is her share in the properties of my father-in-law and mother-in-law under the Hindu Property Act and please mention the act for reference.
2. My wife's sisters were married prior to1986. What is their share in the hereditary property.
Name withheld
Our panellist, R. L. Narayanan, Lawyer, replies:
The heirship will arise only after the lifetime of the owners of properties.
The Act in reference is The Hindu Succession Act, 1956. By virtue of the recent amendment to the said Act, there is no difference between the share of a son and a daughter. The daughters, that is, your wife and her sisters will be having the same rights as a son. Thus with effect from 09.09.2005, daughters, whether married or unmarried, will have the rights as a coparcener in the joint family properties.
If a Hindu dies after the said date, his or her interest in the property of a joint Hindu family governed by Mitakshara Law shall devolve by testamentary or intestate succession as the case may be under the said Act. The coparcenary property shall be deemed to have been divided on the death of a Hindu on or after such date, as if a partition has taken place and the daughter will have the same share as that of a son, irrespective of her marital status.
Transfer by settlement
Question: I have a house purchased from my own earnings and I have three sons and a daughter. I want to make a Transfer Deed during my lifetime to my daughter and the cost is Nil that is, for no money. How should I proceed?
S. Visvanathan, Adambakkam
Mr. Narayanan replies:
The transfer can be effected by way of settlement. No money needs to be paid by your daughter. The consideration will be the love and affection that you have towards your daughter.
Default of payment
Question: This has reference to your article "Are you sleeping over your rights" (Property Plus, March 25) I have a similar problem and would like to seek your advice on the same. I am a retired schoolteacher and a senior citizen, aged 65 years, and live in Chennai. My father's sister, who was not married, worked and lived in Bangalore for over 30 years and owned a property there. She died in December 1996. The property in Bangalore is in a posh locality and is a two-storey independent building consisting of ground floor and first floor. The ground floor was rented to an ex-minister of Karnataka even before the death of my aunt. He was regularly paying rent. The first floor was occupied by my aunt and she was living along with her elder sister till her death. After the death of my aunt, her elder sister (who is at present 92 years old) came down to Chennai and started living with me. The property is now in the name of the elder sister. My sisters and I are the legal heirs to this property. We had appointed a Chennai lawyer to help us. He in turn appointed a Bangalore-based junior lady lawyer as caretaker to occupy the first floor of the property for six months in 1998. This lady is at present not vacating the house and is also not paying any rent too. On seeing this the ground floor occupants are also not paying rent. Our lawyer is also not initiating any action against the two tenants in spite of our repeated requests and payment of required fees to him. We had also filed a police complaint with Bangalore City Police but no action has been taken by them. Meanwhile, the property tax was paid by me till 2001, after which I could not go to Bangalore due to ill health. I propose to go there next month to pay the balance property tax till 2006. Meanwhile I request you to advice me on the course of action.
T. Prema, Kellys
Mr. R. L. Narayanan replies:
It is advisable for your aunt's elder sister to first execute a will in favour of your sister and yourself. Alternatively, a Gift Deed or any other registered document such as Sale Deed can be made. The tenants have to be proceeded against for wilful default of payment of rents and eviction is usually possible in such cases although proceedings are protracted. You have to file a suit for recovery of vacant possession against the caretaker who was a permissive occupant in the property. You may initiate the proceedings at the earliest and if required, you may obtain a Power of Attorney from your aunt's sister for this purpose.
Water & sewerage
Question: I own a flat in a multi-storey apartment. We have a single connection for metrowater for the entire complex but water has not been coming almost from the beginning. Our complaints to the concerned had no effect. As such most of the owners stopped paying the monthly consumption charge of Rs.50/ per month and the fact was intimated to CMWSSB. About one year back the CMWSSB disconnected our water connection.
But recently they have started issuing letters to the owners to pay the outstanding water charges and, if not paid, the sewerage connection will be disconnected. Most of us are paying the sewerage taxes regularly. Please advise whether they can disconnect the sewerage connection? Do we have any legal remedy?
K.Venkataraman, Thiruvanmiyur
Mr. R. L. Narayanan replies:
The CMWSSB has the authority to disconnect sewerage connection for non-payment of water tax / charges. It is advisable to pay the charges to avoid disconnection. However, representations can be made to the authorities to provide the water. This is a practical issue and has to be approached on a case-to-case basis. There is scope for filing Writ Petition seeking suitable directions against CMWSSB.
Legal options
Question: I read with considerable interest your article titled `Are you sleeping over your rights?' (Property Plus, March 25). A similar situation has enveloped my family wherein the tenant who's been living in our ancestral home in Kancheepuram has come forward to claim the title under adverse possession. The tenant, a former family friend, has been living in the house since 1986 and is threatening to thwart the sale of the property. When does the 12- year limit start exactly? My father has a clear title to the property and a few years ago we've even helped the tenant out by paying the electricity and property taxes! What are my legal options? What are my chances of success if I decide to go ahead with litigation and challenge the claims of the tenant?
Srinivas, by email
Mr. R. L. Narayanan replies:
The facts are not clear. However, please note that the 12-year period computation will start from the time the tenant has started denying your ownership of the property. It is also not clear as to whether the taxes are being paid in the name of your father or in the name of the tenant. The tenant appears to be making a claim for the property. Hence, you may initiate action at the earliest. If you have not suffered the claim of ownership by the tenant for a continuous period of 12 years or more, the chances of your success are quite bright.
Probate
Question: I would be thankful if you could clarify which one of the following stand on probate? Registered Will made during 1995 or unregistered Will made during 2001? The residence was bought on self-earned money.
Indra Ranganathan, by email
Mr. R. L. Narayanan replies:
The Will made during 2001 has to be probated.
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