daughters right of partition
ganesh
(Querist) 10 February 2011
This query is : Resolved
A got some properties from his father thro a oral partition. he alienate the same to B. A has only one daughter. whether the said daughter of A can have the right to file a suit for partition against A and B. plz help me with provisions and citations.
Dayananda Gowda
(Expert) 10 February 2011
As per Amended succession Act 2005, the daughter has a right as equalent to son. so she has a equal right in the property. she can file a suit if the alienation took place after 26.12.2004. if the alienation took place before that day she can not able to challenge the alienation.
But Karnataka High court has declared that the cut off date to claim right is unconstitutional and gave a right to daughter since from 1956 through its judgement. The said case is pending before the Supreme court for adjudication.
adv. rajeev ( rajoo )
(Expert) 11 February 2011
whatever property got by A is an ancestral property, as such daughter has got equal share
Amit Minocha
(Expert) 11 February 2011
if it is not ancestral she has no right.
Deekshitulu.V.S.R
(Expert) 11 February 2011
If the sale by father is for legal necessity then the daughter tho has a right now cannot reopen the transaction and she has to prove that the transaction is not for legal necessity.
Ashok Yadav
(Expert) 11 February 2011
She can not claim her share in the property from his father in his life time. If the father has sold the property the daughter can not challenge it.
Daughter can claim her share if the partition took place in between her father and brothers. But here the partition took place in between her grand father & father & Uncles etc. So she has no right to claim any share in that property.
She could claim her share after demise of her father not in his life time.
Basavaraj
(Expert) 11 February 2011
Dayananda Gowda and Amit has given good advice.
I strongly agree with the views of Dayananda Gowda.
But Gowda's views apply only of it is an ancestral property.
In case it is not ancestral property then A can sell without his daughter signature to anyone.
M V Gupta
(Expert) 11 February 2011
I think any property obtained in partition is regarded as self acquisition. Therefore the daughter cannot challenge the sale made by the father and/or claim any share in it.
