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Rupesh (Assistant)     28 July 2010

Married daughters share

My grand father had two wives, first wife has 3 daughters and second wife has two sons, one of them is my father.When my grand father Died in year 1960 my grand mother(second wife, first wife died), in the presence of 3 daughters from first wife made a PHERFAR(record of change in land ownership), as per that the three daughters have Relinquished their cliam and on 7/12 extract my father, uncle and my grand mothers name got registered.

 

 

This Pherefar has registered in year 1960.

 

Now after 50 years the Two of the sisters of my father ( one sister has died) with their son asking for their share. Since 1960 to 2010 no cliam was made and no objection were taken on Pherfar(record of change in land ownership)

 

 

1.Is it valid to ask for the share now, as per limitation act?

 

2. When women get married can she claim for the share in fathers property legally , if so is there any timeline after fathers death. When did this law got sanctioned, if it is recently will it be applicable for the incidents happened before this law inroduced.?



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 July 2010

As per the amendment of HIndu Succession ACt a daughteris co-parcener she is also entittle for the equal share with son.

In your case daughters have relinquished  their share and it is regd., so now they cannot claim any share in the property.

G. ARAVINTHAN (Legal Consultant / Solicitor)     28 July 2010

in so for as suit for partition is concerned, there is no bar of limitation. Any person can claim his/her share any time during his/her lifetime.

After reliquishment one cannot file suit claiming share


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