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narinder pal kaur (PRO)     04 June 2010

ancestral property issue

hi all.

my uncle who is 84 years old has transfered his ancestral property in my, my brother's and mother's name through sale deeds.

now his daughter has filed a case against him to get share in the property...she has made the purchasers the party as well along with her father.(she is the only child of my uncle)

I want to ask the following in context to the above case

1. can a daughter ask for her share in property if father is still alive

2. does the father holds the right to sell his ancestral property without giving any share to his heirs

3. can she make us the purchasers a party in case as she has done..actually my uncle is ailling and he was hospitalized for about 10 days few months back and i took care of him and paid all his expenses of treatment(nearly lakh) can we get benefitt of the same

4. now we are palnning to first file an application to ommit our names as parties in the it the correct step...please suggest...if its correct how should we follow this procedure..

5. please suggest some books for us to consult concerning succession act, registered sale deeds act, parents welfare and maintance act,ancestral property that we ourselves are aware of the laws and are able to convince the judge

5. any counter case that can be filed against my uncle's daughter..either by us or my uncle


ur replies are awaited for eagerly




 1 Replies

amarendra (lawyer)     04 June 2010

dear narinder,

                        after amendment of hindu succesion act in the year 2005 daughters are treated at par with sons

and a daughter can challenge the sale made by her father even during his lifetime by way of filling a civil suit and the purcher(you) are a necessary party in the case so your name cant be removed from the case and my advice to you is that you should fightout the litigation since you are a bonafide purchaser for value. your uncle was forced to sold away his property as he was badly in need of money for his treatment which comes under the catagory of legal neccessity and a person is competant to transfer his ancestral property if he has got pressing neccessity

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