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Hari Prasad (Manager)     11 February 2011

Hindu succssion act-Daughters claims of properties..

Dear sirs,

Apparently due to this Hindu succession act 2005 amendment was done retrospectively, lot of such cases are cropping up all over due to high valuations of lands in recent times.

This is most common case cropping up all over India. Pl reply with any jusgements to this effect on such case

A Lady named Papamma had a self acquired property purchased from others in the year 1952-53. In the year 1989-90, Upon death of the Mother, 4 sons of Papamma acquired the title through succession and got the Pani n revenue records transferred the property in their names. They have also obtained a family tree and Inheritance certificate (IHC) from local Tahasildar’s office  showing that they are the only 4 children having an absolute ownership of this property. 

Based on this, after due verification of all docs, I have purchased this property  in 1995  in Bangalore under a registered sale deed and got all revenue records (Pani n Mutation registers etc.,) transferred in my name and have been paying taxes regularly to the revenue dept since then.

Before I purchased this property, it was a baron/dry land. After I bought it, I had installed bore well in 1996 itself  and made a compound wall/fencing all around and have developed the property in to fertile cultivable land with a Mango/Teak/Banana trees and have been growing other vegetable by myself and am in peaceful possession of the said property till date.

I have received a court notice recently from One Lady called Venkateshamma (claiming herself to be a daughter of Papamma by producing a new family tree which is different from the one produced by her brothers at the time of sale of the property to me) claiming that Papamma had 7 children (4 male  of which one died as bachelor.. and 3 female children  totalling 6). Claiming that she was not party to the sale deeds executed by her brothers in 1995 and under Hindu succession act,2005 she is entitled to 1/6 share of the said property.

I purchased it in 1995 and am in possession of the same till date and cultivating it by myself.

Upon checking, we came to know that the Papamma Family member are still holding few more other  lands in the Joint family name.  Apparently now they have concocted with this lady with a malafide intention to file a suit on to my property sold by them long time ago to make some wrongful gains now. since from the date of death of Smt. Papamma i.e., 25 years back, and the present suit filed after long lapse of almost more than 25 years, will it be barred by limitation? 

Is there any merits in the case since the family members of Smt. Papamma had alienated the properties very long back for their legal necessities and utilized the sale consideration amount for their family needs which could have also been taken by daughters also and Do the daughters still have any right to question the alienation after the long lapse of more than 16 years  with false and frivolous grounds?

Could you pl enlighten me on how to go about this case and if at all Venkateshamma (claiming to be the Daughter) has any legal grounds to fight n win the case and on what ground I can get the case dismissed?

If there are any judgements to this effect, Pl give me references of the same.

Thank you.


Hari prasad.




 7 Replies

Uma parameswaran (lawyer)     11 February 2011

After the lapse of twenty five years they have no right to claim  the share.

1 Like

Ramakrishna Ponnekanti (ADVOCATE)     11 February 2011

Ur case is not covered by 2005 Act. As per Hindu succession Act 1956 or earlier also, mother's property is inherited by all children and husband(if apamma died after 1956) equally. Notwithstanding family certificate,and family tree and assurances rights of Venkata Seshamma are intact and can be enforced any time without limitation.Tje exception is Ouster plea for which several other details are needed. Another defence will be family settlement plea to be established to state long back all divided and this item purchased by querist were given as share to sons only and other equal items ere given to and taken by the daughters. To show this several other details like other properties,and items sold by daughters by each or together only are to be detailed. In the absence of above defences daughters to get their share>if other items r available after shares of daughters r dexclared in the same litigation querist can pray for equities, to say sons be alotted the item purchased by querist justifying the sale in toto and other items to daughters. To quote judgments other property details, items sod by them and amounts received under them are to be made known.If full details furnished,questions specific can be addressed to.
1 Like

Hari Prasad (Manager)     11 February 2011

Actually, we purchased property in Aug-1995. Thus it's 15 years since we bought it and are in possession of the same.In such case, Papamma (Mother)  had apparently died 25 years back though we do not have  exact date/year nor the death certificate..Under such situation, can it be time bared?  Can The  easement right  be applied?  Is there any judgement to this effect? Thank u..

Hari Prasad (Manager)     11 February 2011


According to proviso to Section 6(1) of the Hindu Succession Act, 1956 (as amended), "any partition that took place amongst brothers prior to 1.1.2005 shall not get invalidated or affected".  In other words, even though daughters would have been entitled to equal right as that of a son on and from 1.1.2005, if any property in which they could have claimed a rightful share had been partitioned prior to 1.1.2005, then they  will not be in a position to upset the partition that had already taken place amongst  brothers. Thus there is no need for signature of daughters  for selling the property”. 


Can this section be applied in our case?









Ramakrishna Ponnekanti (ADVOCATE)     11 February 2011

No easement right and no limitation. If Papamma died 25 years back daughters r equally entitled to share. S.6 quoted by has no application which does not apply to property left behind by females> S.15 and S.16 will apply and daughters get share> original opinion stands.

1 Like

Hari Prasad (Manager)     11 February 2011

Dear Sir,


Thank you very much for your reply..


We could not get details of transactions of sale by the daughters or any other family partition deeds etc., from both daughters / sons side members of the family and it will rather be impossible now even to obtain the same as both plaintiffs (Daughters) of  and defendants (Male family members) of Papamma (Mother) are colluded in this case.

Only info we  got from Revenue records is that they (sons Family) are still holding few more lands in the names as per Pani/mutation records obtained from revenue records of Taluk office.


In such case, can the judgment be pleaded to award the share of Daughters from the available lands in joint family leaving aside our property?


Thank you for ur help.. 

 Hari Prasad.

Surrender K Singal   12 February 2011

Expert Ramakrishna P seems to have dealt with the querry seriously, though your reading of proviso to 6(1) of HSA does provide exception similar to your case; Limitation also favours you; It may better  be taken care of by some one like the responding Expert; Wishing all, the Best !

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