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Nagabushan (xyz)     06 August 2013

Claiming of heirs for the already sold property

Dear all, 

I need an expert opinion, please help understand this better, according to Hindu act (ammended 2005) , daughter has a equal rights , but my question is , if the father sells a piece of land to a person (Buyer) in 1992 in the state of tamil nadu, and if daughter has to claim for the equal share , she has to ask the share from father rite, but why is that she ask and send a legal notice to the buyer ???? which rule or law or amendment supports this.


 8 Replies

adv.raghavan (Advocate,9444674980)     06 August 2013

u did not tell us whether the property was in fathers name or he got it inherited or thru will, if it is self earned property he has all the right to sell to any one he wants. in other ways if the property belongs to mother and after her demise the property will get transferred to her heirs , and heirs if they are minor the father cannot sell the entire property, but he can sell his share,after getting proper court order. 

Nagabushan (xyz)     06 August 2013

The seller has his property from his father, who apparently is my grandfather's brother. He sold to my father. The seller is still alive and stay with his daughters, It has been sold in 1992 and has been registered, and later in 2010, the daughters of the seller claimed their entitlement , so we agreed to pay them, we payed and got an agreement through legal advisor, but not registered it . Now, they become more greedy. They want more , so without even informing us , we got a legal notice saying that they have not signed the documents and hence their entitlement is still present. Any solutions please???

adv.raghavan (Advocate,9444674980)     06 August 2013

u didnot answer how the seller got the property whether thru will or inherited or out of his income, and as u said he got it from his father by way of will? pls clarify so that we can take forward.

prakharved (Medical officer)     06 August 2013



If the Daughter has a right to a share in the property which is sold, she is entitled to get the share. If the share is to be got from the father or the current landowner is the question. I think that a sound advise from a lawyer is very important in your case.


I think you should take advice from an experienced property lawyer. Visit www.lawkonect.com. Here you can post your query and a detailed written reply would be provided to you by an experienced lawyer. You can also avail consultations with a personal lawyer on this matter through www.lawkonect.com. It is very essential that you get to know about your options well and for that i think you should take professional help.



adv.raghavan (Advocate,9444674980)     06 August 2013

if it is a self earned proprty of father he has all the right to sell to anyone, nobody can prevent him not even his daughter. the real question is daughter is claiming share, for which they have paid some money, and had entered a agreement, on what grounds?  now she is claiming more what are the details of agreemnt  we cannot give guidance with knowing the full facts and we are also experienced lawyers who are in  the field for 10 yrs,so by calling some body as experienced lawyer do not try to degrade me.so donot give wrong suggestions by saying daughter has share on sold properties. 

Nagabushan (xyz)     06 August 2013

To clarify the situation, Seller got this property as inheritance . I Thank every one above for the valuable feedback. I aslo have few things in mind, but not sure if I'am correct.

1) If it is possible for me to register a case on the daughters as a breach of agreement as a seperate civil case.

2) File a case on the seller as he is still alive luckily to rectify the litigation on the property as in the sale it is mentioned that what ever the problems may arise, he will sort it out in the future.

3) Infact , we have bought all his lands, to all the property which we bought , all daughters have signed, except for one major one. So, can the agreement that the daughters signed states, that we as in their families in the future would have no stake, as they already have agreed for a particular sum of money.


Thank you for all your feedbacks in advance .

adv.raghavan (Advocate,9444674980)     06 August 2013

if it is inherited property fatther cannot give away property as he wishes ,all the heirs have equal  rights, 1,the agreement should have been registered, i think it is a unregistered one,instead of  agreement u should have gone for relinquish deed  from the daughters at that time it self, 2, yes, there will be a indemnity clause, in your sale deed based on that u can sue the seller, i think  now,he be must too old for that. try to negotiate with the daughters  and try to arrive to a solution.

Nagabushan (xyz)     06 August 2013



Thank you, Cannot I sue the daughters also for breaching the agreement , if the agreements are not valid , then what is the purpose of having an agreement . Even if it is not in this case, generally agreements do have value right ? But where is it evident in this case , if I cannot sue the parties who agreed and then disagree although the fact remains non-registered. I have paid money to them, are not they accountable for the money I paid, and Why should I pay twice. 




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