Parition of jointly registered property

The registry in the name of your father and your sister cannot be cancelledl.

However, your father can file al suit for partition.  This will be decided quickly say within 1-2 years.

In the meanwhile, your father can Register a WILL in your mother's and your favour for the 50% of his share in the property.  That will save his 50% from being occupied by your sister/her husband.

In undivided family, a father can keep property in the name of his children.  Only because it was kept in the name of daughter, she can not claim exclusive possession, as she has to provide evidence as to her source of income at that time.  Contact a local advocate for practical guidance after studying the age factor and income factor.

Dear Mr. G.L.N.Prasad,

I am coming across yet another reply from you, which is beyond my comprehension. (I must confess that my legal knowledge is very limited).

I would like to know from you, as to which law says that one has to prove source of income to claim the property where one's name is in the Registered Document as a joint owner of the property?

Sir,

Plese correct me as I am novice.  if in a joint family, when the property is kept in the name of a minor daughter; whether she can claim exclusive ownership and possession and the presumptions that are available as per precedents.

Please do not get confused about joint family property and HUF property.

In the above query, the querist has not said that it is joint family property.  He has said that the property is jointly registered.  In other words, both the father and daughter are co-owners of the property.  In which case, definitely the daughter can claim her portion.

May be true that I have presumed such thing on the basis of following sentence in query.

jointly registered it with my sister who was unmarried that time. Now after 15 yrs of her marriage,

and at that age, she may not be having that surplus source to purchase the property with her entire income.

Again, so long as a property is registered in my name, I am the owner of it.  I need not show any source of income whereby I purchased the property!

The main query is this:  jointly registered it with my sister
 

I am also interested in correct response.  As a father who is a Government official, kept a land purchased in the name of his only son, to entitle him to get a petrol bunk dealership on the basis of ownership a the age of 20 years.  He has never done a job, and after marriage, he has sold it in the name of his father in law for never existing dues, and his  widowed mother and minor sister were not left with a penny.  Simply because the property is in his name, though there was no gainful avocation by son , trial court declared the sale as valid.
Hope this  answer to query may help them also.

It is believed that you are all Hindu.

What is the nature of said land; Rural, urban, agricultural….!

Confirm!

It is gathered from your post that your father is a resonable man.

The sale deed cannot be canceled until or unless buyer(s) and seller(s) both agree and appear before registering authority.

Check sale deed carefully for the share of each buyer (your Father and Sister) if it is narrated in the sale deed and/or boundaries.

If NO; then IT is 50% of each as per the title of the property being in their respective names.

The partition of land can be either amicable partition deed duly registered or thru court of law.

Check if local revenue codes/rules/procedures provide for any other recourse.

Your father can dispose his share in his life time by a valid/registered deed say; WILL, Gift, sale deed….

In matters infested with disputes (not necessarily this one alone but any dispute) outright sale is the easiest and quickest recourse.

WILL; It is not mandatory to register WILL.

However WILL may be preferably registered in matters of dispute, atleast. Although any WILL can be contested, a Registered WILL is not easily set aside atleast on counts of authenticity.

IT is not mandatory to probate the WILL in UP (and states carved out of erstwhile state of UP).

However in case of contest/challenge the WILL lands up in probate court of pecuniary jurisdiction.

Gift; is complete the moment IT is made by donor and accepted by donee. IT is mandatory to register the gift of immovable property. Donee may take possession and submit the deed for updation in mutation records and obtain updated copy of mutation records.

Sale; IT is mandatory to register the sale of immovable property. The seller can enjoy the proceeds from sale. BY sale seller has exited from property and disputes related with property.

Assuming that all involved are Hindu and our father does not dispose his 50% share in the said land in his life time by a valid/registered deed.

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

You can determine the share of each legal heir ( ClassI) accordingly and see how and how much gets  vested in each legal heir.

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority shall update share as per provisions of personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

The mutation records are also to be updated in case of property that devolves by say; Gift, Sale…..etc etc and one should obtained updated mutation records……

In case of UP (and states carved out of erstwhile state of UP) if the land is agricultural;

The married daughters may not have any share …………..per provisions of UPZALR Act….

Therefore Generically Speaking; the married daughter (as in your query; your sister) may not have a share………… 

Similar queries have been discussed and illustrated in many threads that you can search in SEARCH option and you may carefully go thru illustrations and citations e.g;

https://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp

and pick up relevant points.

However you may note that your father is alive as on date and the recent amendments in the (UPZALR Act), if any, are not seen on internet/web…..

And also the ACT may be amended anytime in future also, by discretion of the Local Govt and Lawmakers and IT’s provisions, applicable as on date of death of Father may have to be looked into.

Hence this is another grey area that you need to look into, on your own and with help of your counsels.

Title, Ownership and share of Daughter as in Query:

Father can buy in the name of daughter……

The daughter (as in the query) being title holder is the owner as per % narrated in sale deed or = 50%.....

THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988

(9) “benami transaction” means

(A) a transaction or an arrangement— (a) where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and (b) the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration, except when the property is held by—

(iii) any person being an individual in the name of his spouse or in the name of any child of such individual and the consideration for such property has been provided or paid out of the known sources of the individual;

https://lawmin.nic.in/ld/P-ACT/1988/A1988-45A.pdf

THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016

(9) "benami transaction" means,— (A) a transaction or an arrangement— (a) where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and (b) the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration, except when the property is held by—

(iii) any person being an individual in the name of his spouse or in the name of any child of such individual and the consideration for such property has been provided or paid out of the known sources of the individual;

https://www.prsindia.org/uploads/media/Benami/Benami%20Transactions%20Act,%202016.pdf

HINDU SUCCESSION ACT, 1956

14. Property of a female Hindu to be her absolute property

(1) Any property possessed by a Female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

https://revenue.tripura.gov.in/sites/default/files/hindu-succession-act-1956.pdf

Until or unless something crops up and merits are found by court of law…….. the interest of daughter as title holder in the land with father as joint owner seems to be safe.