- This topic has 13 replies, 12 voices, and was last updated 1 year, 1 month ago by
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R* We are 3 sisters (2 sisters are married) and 1 brother. 2 sisters elder, then brother, and then 1 sister. Our father passed a long time ago.
* where we live in east UP, only men get ancestral property. that’s the tradition, that’s the way things just are.
* unmarried brother changed genders a few years ago, so now she is a sister too.
* Our land was on rent, and brother turned sister is getting the money.
* I suggested to brother turned sister to divide the money among the sisters, since she is now female as well. she laughed then agreed.
* But no money ever came. When I brought this topic to mother, she said Brother turned sister is angry about this and it is her land after all. Mother is taking her side.
* Our elder sister is ambivalent about the situation. Me and the younger sister want the ownership of the land of our share.
* What to do? How to proceed about this situation? -
FI’m not a lawyer, but as a trans woman myself, I must say this is extremely hypocritical of your sister. To be someone that goes the distance to change their gender and yet maintain a convenient distinction where an advantage presents itself, is abhorrent. I hope you get a favorable resolution to this situation.
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EYou should take this case to the court.. it will probably create a judicial precedent for sure… A new section too maybe
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Dkind of won’t, cause whatever the tradition be, the law is clear that daughters have equal rights in property. so as per law, they should be getting equal share anyway
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DNAL
Under Hindu Succession Act; you, your sisters, your mother and your trans sister are all entitled to an equal share of the land. Traditions don’t matter
If there is a will in place, that gives her the ownership you have no claim to the land. You can challenge the will, but then you need to talk to a lawyer.
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