daughters right
naveenraj jain
(Querist) 06 September 2014
This query is : Resolved
Dear sirs An ancestral property was sold under sale agreement where all family members signed except daughters. This property was in court for partition between father and sons where daughters were made parties as defendants. Daughters have appeared and filed vakalaths. Case was decreed that since property is already sold via sale agreement hence no rights for partition. All this happenned till 2001. Query is when daughters have not signed to the agreement do they still have their respective rights existing. Or the court order is binding on them. Kindly enlighten.
Dr J C Vashista
(Expert) 07 September 2014
The decree is not binding on daughters, challange in higher court for cancellation of sale deed.
Even otherwise the property couldnot be sold pendent lite, seek help, guidance and advise of your lawyer.
naveenraj jain
(Querist) 07 September 2014
Sir Thanks for your advice. Daughters have filed a case of partition against their brothers and agreement holders. Our Advocate is bit skeptical cos the case is barred res judicata. We were parties to the earlier suit on the same cause of action.and the parties to this suit are all the same. Please give a solution whether to persue with case or file any other case
Rajendra K Goyal
(Expert) 07 September 2014
Daughters have right in the ancestors property. consult local lawyer and show him all the documents.
Raj Kumar Makkad
(Expert) 07 September 2014
Immovable property cannot be sold just on the basis of sale-agreement. as the earlier decree was passed during the year 2001 and the sale-agreement was executed theeafter but no registered sale-deed was executed and meantime Hindu Succession Act has been amended during the year 2005 which gives right to the daughters in ancestral property.
The daughters are free to claim their share after coming into force HSA 2005 as the property still stands in the name of successors to their father and has not been transferred infavour of the alleged vendees.
naveenraj jain
(Querist) 08 September 2014
No sir. Raj kumar ji the property was sold by way of agreement. To cheat the agreement holders suit for partition was filed. Decree in that suit was in 2001. Now the same daughters have again filed a suit for partition against their brothers making the agreement holders the party in 2013
T. Kalaiselvan, Advocate
(Expert) 09 September 2014
Since the property was disposed very well before the amended HSA came into force and also the court has decreed that there cannot be a partition maintainable after the property was sold, it is clear there is no case maintainable now on the same cause of action, in fact the resjudicata doctrine will also apply here because there is no question of partition anymore.
Raj Kumar Makkad
(Expert) 09 September 2014
What so you mean by 'sale by way of Agreement'?
If the sale-deed had not been executed and registered prior to HSA 2005, the claim of the sisters is valid.
