Share for daughters in fathers ppty
RAMJI
(Querist) 22 May 2014
This query is : Resolved
Dear Experts
Father got his share by partition with his brothers in 2002 and later expired in 2004 without any WILL leaving widow+ 3 sons + 6 daughters.All daughters were married as on 1999 itself.During 2008, only 3 sons+widow made a partition deed without involving daughters...
Now questions are as below:
1. Can any of the married daughters challenge the partition deed executed in 2008 by 3 brothers?.. if so, in what way they can challenge (after 6 years over)
2. Can any of the brothers be able to sell off the ppty obtained thro said parition to a third party now....
3. any other views /issues please...
regards
ramji
P. Venu
(Expert) 23 May 2014
Yes, the daughters can challenge.
Rajendra K Goyal
(Expert) 23 May 2014
Daughters have share in the property and can challenge.
malipeddi jaggarao
(Expert) 23 May 2014
1. Yes
2. No. The purchaser will not get the title to the property.
3. Daughters either together or individually (interested daughters) can serve a legal notice claiming their share in the property. Engage a local lawyer.
RAMJI
(Querist) 23 May 2014
Dear Experts...
Thanks for your quickest replies....i too noticed that few queries i repeated by mistake in my another subject similar to this.....any in convenience caused is deeply regretted....
Regards
Ramji
T. Kalaiselvan, Advocate
(Expert) 24 May 2014
Mr. Ramji
Answers to your queries given against each:
1. Can any of the married daughters challenge the partition deed executed in 2008 by 3 brothers?.. if so, in what way they can challenge (after 6 years over)
In the given situation, the daughters being legal heirs of their deceased father, are very much entitled to a legitimate right of share in the intestate property hence the referred partition deed can be very well challenged by filing a suit for fresh partition and cancellation of the alleged partition. There is no time limit for this.
2. Can any of the brothers be able to sell off the ppty obtained thro said parition to a third party now....
The brothers or one of them can sell their individual undivided share alone, the sale of entire property jointly by all brothers without allocating the share of property or without making any compensatory arrangement to their sisters is illegal and invalid in law. An injunction petition restraining the sale/alienation/encumbrance of the property may be filed along with the partition suit.
3. any other views /issues please...
What else do you expect, no reply can be given to your untold queries.
RAMJI
(Querist) 24 May 2014
Dear Kalaiselvan sir.....
Your answers are excellent with details too....it really helped me to advise an invalid sale proposed by somebody....
Thanks a lot...sir....
Regards
Ramji
