Family Business Succession

1)I am married & ONLY daughter from a Hindu family lineage
2)We are from Karnataka state
3)My father inherited ancestral coffee plantation and an ancestral home
a.Succession: My great grandfather -> my grandfather -> father -> my generation
4)My father suddenly and prematurely passed away in November of 2009 without leaving a WILL
5)My mother, my only brother (3 years younger than me) and I (only daughter) survive my father
6)In 1999, my father had done crop partition with 3 parts. 1/3 for my mother, 1/3 for my brother and 1/3 for himself. Nothing for me
7)The ancestral home was NOT partitioned
8)My father had taken crop loan in my mother’s, brother’s & his name for maintaining the plantation
9)In addition, my father was an engineer and built a house in Bangalore in 1996 – 1997. My bother and his family have been living there.
10)GUESSING: The Bangalore house may have been built using combined funds from his engineering earnings and perhaps from ancestral property funds (This is a guess)
11)Until my father passed away in November of 1999, I was not aware of any of this.
12)Neither my father, my mother nor my brother told me about the partition or the loan NOR did anyone procure my signature or my consent either verbally or in writing.
13)Ever since father’s demise my mother & my brother have told me that none of this is my business
14)My brother has explicitly stated that the ancestral house is only his (meaning not even my mother’s)

Questions:
1)According to the HSA of 1956, Karnataka Amendment of 1994 and HSA 2005, am I entitled to an equal share of ancestral coffee plantation and the ancestral house?
2)Am I entitled to an equal share of the separate property – Bangalore house?
3)Can my mother & my brother sell the ancestral coffee plantation and/or the ancestral house without my signature/written consent?
4)If they do sell & take all the money, what am I to do?

Questions:
1) According to the HSA of 1956, Karnataka Amendment of 1994 and HSA 2005, am I entitled to an equal share of ancestral coffee plantation and the ancestral house?

YES, as a daughter you have right and equal share as son in the ancestral as well self acquired property of the Hindu Family as well the deceased Hindu father. Always remember this golden rule as a Hindu Copacener you have share in the Copacenary/ancestral property by birth in the Hindu family.

2) Am I entitled to an equal share of the separate property – Bangalore house?

YES, as a daughter you have equal share as son in the self acquired property of the father provided he left no Will regarding it i.e. it is intestate property.

3) Can my mother & my brother sell the ancestral coffee plantation and/or the ancestral house without my signature/written consent?

NO, they cannot do it legally, however you should give legal notice to them regarding this and seek partition of all the properties and your share in whole of the properties in question whether ancestral or self acquired of your father.

4) If they do sell & take all the money, what am I to do?

You can move the civil court seeking relief against them to share the money they so obtained after selling the disputed properties.

Recommended Reading

• Family Business Estate Planners Understand the Management Succession Planning Process
• What do you think you’re worth?
• The ABC’s of Family Business Succession Planning
• Paul and David Karofsky Discuss the Changing Dynamics of Family Businesses
• Management Succession Planning Blueprint (ebook)