Daughter claim on ancenstral property
Krishna
(Querist) 18 May 2012
This query is : Resolved
Sir, I have purchased a plot in bangalore in year 2003 same comes under BBMP now, this property was ancestral property partitioned in year 2001 by duly registered partition deed among Father, mother, and 3 son's, I have purchased this plot from first son of his share, now father's daughter file the suit asking for equal share since this is an ancestral property including all this family member and me in suit, please clarify can father's daughter claim the property share here what was necessary here to make me as party in suit, I read an article releated to Daughter share in Ancestral property 2005{Amended}Act in that it is clearely state that any Ancestral property Partitioned or dispossed before 20-12-2004 daughter can't claim, please clarify is this correct or update with further information.
Nadeem Qureshi
(Expert) 18 May 2012
dear querist
you should contact a lawyer in your area
Guest
(Expert) 18 May 2012
Dear Krishna,
It all depends on the circumstances under which the partition deed was made during or after the death of father. The real solution can be provided only after examination of the partititon deed and other facts of the case.
However, in general that is for your information, if the ancestral property is not sold/alienated or dispossessed through a decree of court or by testamentary disposession (will) by the real owner before 20.12.2004, she would have absolute right to claim her share in ancestral property.
Since you have become party to the sale of that property, you have also become party to the dispute by virtue of that sale deed.
Anirudh
(Expert) 18 May 2012
Dear Krishna,
As per Karnataka Amendment to the Hindu Succession Act, daughters in a family were made co-parceners much before the amendment by the Central Government in the year 2005.
Further, if the girl was not married prior to the threshold date mentioned in the Karnataka Amendment Act, she is a co-parcener and she is entitled to her share.
Shonee Kapoor
(Expert) 18 May 2012
Without seeing her claim and the deed of partition no advise can be rendered.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Krishna
(Querist) 18 May 2012
Appreciate all of you for quick response,
Mr. Dhingra,
Let me put it in clear details.
An Ancestral property partitoned among father and his 3 son's in year 2001 without sharing any property share to his 3 daugthers by registering partitioned deed, this property he has got it from his father, now daughter suit the file claiming this partition taken place without their concern and claiming equal share in property since this is an ancestral property, also adding me as party in same suit since i have purchased the plot from first son same he got from from partitioned deed took place in year 2001.
