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daughter's role in the fathers property

Sr Sales Manager

I really amazed to see such kind of website which gives on handful knowledge about the laws. Thank you for the same.

I am planning to purchase a land in the outskirts of Bangalore. The buyer who got this property ( Plot) from his father which is ancestory property . He is the only son ( No brothers & sisters for my seller).

The seller's father has 2 brothers & one sister ( Sellers aunt) . His father and 2 brother got partition deed in the year 1994 which is not registerd and distributed all properties to 3 brothers. They have not included his aunt ( who is around 70 years and married). I insisted to take Aunt into picture during registration since it is ancestral property. But he says he is not in a position to call his aunt.

1) My question is whether his aunt has any rites on this property ? what damage she can do to me in future ?

2) My seller says he can give in writing that in case of any trouble from his aunt he will take  responssible for any trouble or compensation & ready to sign any document in this regards. Is this practical solution ? If so what kind of document I should get signed from him ?  

Thanks & Regards,

V.Eswar

98441 28760

 
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Assistant

You have decided rightly to include the aunty, Nevertheless  you can make aunty as a witnesses to sale deed, which will block all future trouble for you.

 
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Sr Sales Manager

My seller is not bringing aunty & I don't know where she lives. My question is if my seller signs a document taking care of aunty's trouble in future , how practical it is . What document I should get from him ?Pls answer this question since I am getting into agreement tomorrow.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Mr.Eswar,

1. Since the properties were ancestral - all of them had an equal 1/4th interest in the same. Aunt still has an interest and the said family arrangement is of no avail. The Claim of aunt if made can be tackled by the defence of limitation, as she has been sleeping over her rights all these years. But whether the same is attracted or not ? Consult a lawyer.

2. It is of utmost importance that she relinquishes all her right/title interest before you buy, having her as a witness would be as good. If her presence cannot be procured - then in that case you can, make the seller sign an indemnity bond - specifically stipulating that he imdemnifies you in case of any claim by his aunt in future.

 

In the ultimate analysis - in order to protect your investment - consult a local lawyer wiht property documents (so that he/she can see the chronology with specific dates and see how safe your title would be)

 
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As I see, the picture about the said property is:

1) Seller's Father - got one share

2) Seller's Uncle 1 - got one share

3) Seller's Uncle 2 - got one share

4) Seller's Aunt - no share

And the said property is inherited not self-acquired by any of them, as you said, The Seller's Father, His Uncle 1 and 2 distributed property among themselves giving no share to The Aunt! It seems the property was 'intestate'. Therefore, all three brothers and one sisters should have got equal shares. The three brothers had no right to distribute the intestate property among themselves without dividing the share of their sister. And the partition should have been registered!
If they intended not to give share to their sister, then they should have had taken consent in writing in partition-deed by the Sister. Therefore, the partition seems invalid and sister can still claim partition! As intestate property was not properly divided, Seller cannot sell the share of property his father occupies! Even the father is not owner of his share, because no one has Registry of their respective shares, i.e. Seller's Father, His Uncle 1 and 2. They are just living on property by mutual consent!

Just mutual consent cannot make owner of property and cannot give right to sell. I think, first Partition Deed should be made of the property and property be distributed among Seller's Father, Uncle 1, Uncle 2 and Aunt! Once registered, father can transfer his 1/4th share to his son, i.e. the said seller! And then the seller can sell the said portion to you. If Sister, i.e. Seller's Aunt, gives consent in writing of her waiver of all rights in the property, then property can be divided among Seller's Father, his Uncle 1 and 2. Then after seller's father transferring his 1/3rd share to his son, i.e. said seller, then seller can sell you the share.

There can be no Oral Partition of immovable properties! Therefore, no partition took place in 1994!

ANSWERS to your  QUESTIONS:

1) Yes, she still has right in the property and she can claim partition and her share from all persons ocupying the property.

2) Any kind of document getting signed from him doesn't make sense and will serve no purpose in case his aunt claims partition or her share! This is not at all a practical solution!

This was all I could tell you according to my knowledge, hope this might prove helpful to you!

Seek advice of Learned Counsel in your city and then proceed with the transacton!

 
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Sr Sales Manager

Dear Mr Bharath Chugh Sir,

Thanks for your promt reply.

As you said correctly she is sleeping all these years may be ignorant . My question is 

1) Is there any time limit if she is ignorant and her brothers enjoy the property more than 20 years in this case and will she loose her share for being sielent for all these years ?

2) I was told if daughter eligible to get her share only if she is married after year 2004 ( Not sure exactly) as per new rules , is that true Sir ? Because couple of decades back daughrter were never part of any particion deeds . I was told only recently the act is come . can u eloborate and is this law help me now since she being married about 40 years back .

 
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dear querist,

read carefully following points-

  1. selers aunt have no share in that property all though that property belongs as ancestral property because the daughters right on the ancessostral property is confered after the amendment act in 2005 and not implemented on the partion and inheritance gained before the year 2005.
  2. the partition had already taken place in year 1994 no matter registered or not as its well said law through SC that it os not necessary to get registered the partion among the family members ,unregistered and even oral partition among the co sharers are sufficient for that.
  3. buy that land without any hesitation,feel free to call if you have any question regarding this.
 
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Assistant

I think a daughter right in the ancessestral property existed even before the said ammendment of 2005, came into existence, through this amendment the legislator has specifically only defined about the share of daughter. I go by what Mr Bharat says. As regard partition is concerned there is no limitation period of partition, it is very well decided by the Madras High Court  that share of a person cannot be extinguished with a period of time, a share exist in the property so long there is no partition, whether it be a oral of registered property.

 
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