Re daughter share in property
Shashi Kiran
(Querist) 24 September 2016
This query is : Resolved
Hi. We had purchased an agricultural property in 2002.. The seller's A, B and C were brothers and it was part of their ancestral property. They were paid fair market price during transfer.
now daughters of A have filed petition at Civil court against their father, uncles and other owners to whom the properties are sold.
Since we had purchased property prior to 2005 ammendment can they still claim for their share.. Please guide
Ms.Usha Kapoor
(Expert) 25 September 2016
If partition of coparcenary property has not taken place until 2005 daughters have aright to challenge the sale and ask for partition. I mean if the partition opens until after 2005 the daughter will not get right to challenge the sale. If partition had already happened prior to 2005 married daughter can't question the sale of partition.
Kumar Doab
(Expert) 25 September 2016
Had you obtained proper legal opinion before buying?
If yes, is it confirmed the property in question is ancestral?
First thing first: Get it clarified; what is the nature of property; self earned/acquired/HUF/joint/ancestral.......
Your own able counsel specializing in revenue/property/civil matters can help you.
Raj Kumar Makkad
(Expert) 25 September 2016
When author himself is confirming in his query that the property was ancestral then their is no sense to disbelieve the facts.
Daughters had also right in the coparcenary property even prior to 2005 as per HSA 1956 i.e. the right to maintenance and if those have been left over by their brothers and sold the property in your favour then the same is a fraud and cheating and thus the sale-deed is liable to be quashed though sellers shall be bound by their share.
It shall be better to make compromise with the sisters of the sellers if the cost of the property has now multiplied.
Rajendra K Goyal
(Expert) 25 September 2016
Yes get the confirmation first whether the property covers the definition of ancestral property or not.
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.(copied)
If it covers the definition, she has share.
Kumar Doab
(Expert) 25 September 2016
Expert Mr. Rajendra K Goyal is right and has illustrated, also.
Kumar Doab
(Expert) 25 September 2016
'Buyer Beware' is applicable to property deals.
There is absolute sense in obtaining proper legal opinion before buying and getting it checked: what is the nature of property; self earned/acquired/HUF/joint/ancestral.......?
There is absolutely NO sense is suggesting anyone to not to check nature of property.
There are unlimited threads at LCI also where authors themselves are not aware the property in question is not ancestral or not?
They have believed e.g;; that property bought by father is ancestral!
Raj Kumar Makkad
(Expert) 28 September 2016
I slightly differ with the above-noted advice that the property bought by father is not ancestral.
Rajendra K Goyal
(Expert) 29 September 2016
Agree, the property is not ancestral.
Raj Kumar Makkad
(Expert) 29 September 2016
The property is self acquired and its distribution among the legal heirs shall be as per law of inheritance, the details of which have already been provided to you.
Rajendra K Goyal
(Expert) 29 September 2016
agree with the expert raj kumar makkad.
