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sale of land

(Querist) 08 September 2010 This query is : Resolved 
Hi i am sudhakar from coimbatore,
my father get a share of land from his father after a dispute and the court divided the land and give one share to my father in 2002.
i have two sisters one sister died. one sister was married in 1968 she still alive.
my father give his land to me as a sale deed.
now my sister file a case against me, that its a grandparents property, so she wants a share.
in this situation how can i solve this problem and i want to sale the land.
because of this issue, there is a delay in selling my land.
please guide me to solve this problem.
Daksh (Expert) 08 September 2010
Dear Mr.Sudhakar,
Your sister is dead right in asserting her right and the only problem which needs to be addressed at this point of juncture is physical division of part and parcel of land and its proper demarcation so as to facilitate the sale of the same as you intend to do the same. This can be voluntarily or through the process of court by filing declaratory suit. Meanwhile it is suggested that you may enter into a MOU with the prospective buyer to the effect that the sale shall be subject to the division of land.
Best Regards

Daksh
sanjeev murthy desai (Expert) 08 September 2010
Dear Sudhar,

As per amendment of Hindu Succession Act, you sisters have absolute rights in their father/grand father property.

Please clarify when did your father executed sale deed in favour of you?

If, such Sale executed by your father prior to the 2004, the said amendment act is invalidate the sisters rights in the said property.




Uma parameswaran (Expert) 08 September 2010
Your father received property from his father after dispute.I think you are also following the same way.Why male members reluctant to give share to their sibling? Try to give same share what ever you are taking after deducting the share what ever she has received early.
R.Ranganathan (Expert) 08 September 2010
Hi Experts, My opinion differs from yours. The property was divided through the court order and father gets the share. So he becomes the sole and absolute owner of the said share having all rights of alienation. Under these circumstances, he can do whatever he wants with the said property. His sale deed in favour of his son is valid in the eyes of law and the sisters i.e. daughters cannot ask their brother a share in that. Father has executed the sale and so it is valid.
Surender Dhull (Expert) 08 September 2010
Dear Sir, You did not write complete facts.
Whether you belong to Hindu Mitakshara family?
Whether your grand father died or alive?

Whether the property in hand of your father comming from four degree from your father?

First of we should have to decide that whether the property in hand of your father is ancestera/ coparcenary?
As per Hindu Mitakshara, if during the life time of father if property partitioned then the property amounts to be self acquired property and the owner have full right over that property to do any act likewise sale, mortgage etc. As per the facts narrated by you that this property in hand of your father amount to be self acquired property and ur sister have right over that property. your sister can claim only those property if that property is ancestral in the hands of her father and this ancestral property must be come through inheritence (means after the death intestate). Morover the daughter are not entitle if the transfer has already been made prior to 20/12/2004. In this case the property has been transferred in 2002. Therefore in this angle aslo ur sister is not entitled. I am sure 100% that the property by way sale deed in your name is amount to ur self acquired property. One thing is more there is limitation of two years to file a suit and prehaps if suit filed ur sister the it may be filed after 2 years from the date of transanction in your name i.e. in 2002. if u give me more facts then I am ready to give you more inforamtion about this because i m expert in this fields. yur sister firstly must be prove that the property is comming from the four degree.
thanks.


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