Property sold illigally
Ayan
(Querist) 22 July 2022
This query is : Resolved
A Person had a property of 180 Bigha.
He got all property from his father by partition deed in 1953.
He died in 1970.He has 1 son and 5 daughter.
His son create a false warison certificate that he is only warish and have no daughter.
Son sold the all land from 1980 to 2004 without informing daughter.
This all was paddy field , recently notice Building , hospital , college on that land.
When we appear there , we came to know that the land was sold by son as only warison.
Again we move to panchayat , panchayat issue warison certificate (1 son+5 daughter) in 2021.
The property is in west bengal.
My question is that
1)Can daughter have right over the father property before 2005 ?
2)Can daughter's son challange the deed and claim his portion ?
3)Can daughter's son ask market value of land of his portion ?
4)Before 2005 , son was only warish of his father property ?
5)In Hindu Suceession act 1956 , daughter was entitled to get father property ?
I am Ayan Banerjee, daughter's son
kavksatyanarayana
(Expert) 22 July 2022
1.4. and 5. Daughters also have a share in the ancestral property even before the year 2005. 2. Yes. He has a share in her mother's share. 3. Any citizen can obtain the Market Value of any land.
Ayan
(Querist) 22 July 2022
Thank you sir for your valuable reply
Advocate Bhartesh goyal
(Expert) 23 July 2022
Expert Kavksatyanarayana is right, today daughters have right and share in their ancestral properties if the property had not been divided by mets and bounds.Daughter's son can challenge the deed and claim her mother's share
SHIRISH PAWAR, 7738990900
(Expert) 24 July 2022
Hello,
Yes, daughters have equal share in the ancestral property. In your case now you have to file civil suit to get your share. Legal heirship certificate is not sufficient now to get the share in the property.
Ayan
(Querist) 25 July 2022
Thank you Sir for your valuable reply .
