Rights on the property for daughters

Sons,flat holders,builder all are necessary parties. Daughters also have equal share in the property but you have not mentioned whether mother was one of the signatories alongwith sons.If the mother has sold the property,nothing can be done.

Daughter are have equal share in the property,  if association is formed, the association members should be imleded as one party to the suit, if the mother is sold the property along with her sons,  the flats owners are safe, because the mother is have full rights, title in the property vide registered document 

A partition deed was executed between mother and sons on March 8, 1990. None of the daughters were included in the partition deed. Its not a sale deed.

Mother has signed as one of the consenting witnesses in the sale deed when the property was sold by one of her son to the third party.

Daughter's still have rights on the property?

Association is still not formed and builders are dealing with the case now. Important question is, if the association is formed, what can be done so that builder only deals with the case?

Appreciate your valuable suggestions. thanks

 

yes daughters can file a suit for recovery of thier share, if association is formed please implead the builders as one of the parties to the suit

A partition deed was executed between mother and sons on March 8, 1990. None of the daughters were included in the partition deed. Its not a sale deed.

Mother has signed as one of the consenting witnesses in the sale deed when the property was sold by one of her son to the third party.

Daughter's still have rights on the property?

Association is still not formed and builders are dealing with the case now. Important question is, if the association is formed, what can be done so that builder only deals with the case?

Appreciate your valuable suggestions. thanks

Dear Sir

Do married grand daughers have full share in grand father's property ?

Apreciate pls advise legal clause.

Rgds

Sudhir

 

 

 

If the said property was purchased by your father with his self earnings, all the sons, daughters and mother will get equal share in the said property. if the said property was purchased by your father with the aid and assistance of ancestral nucleus, only two sons are enttiled to 1/3 undivided joint share each. your father's 1/3rd undivided joint share will devolve on his children and wife with equal rights. It seems that there is a registered  partition deed in the year 1990. As per amendment to Hindu Succession Act in the year 2005, all the whether married or unmarried daughters and sons are entitled to equal shares in the ancestral property provided that there is no  partition effected under a registered deed  prior to such amendment. You need to file a suit for declaration that the said property is joint family property in which daughters are entitled  to equal/ relevant shares. you should implead all the interested persons, who may claim rights,   as parties to the suit.

@Mr.Rajkumar,

Sir, I'm a flat owner here and our builder purchased this property from third party(Krishna reddy). The case is filed by daughters of Ramaiah, who purchased the property in the name of his wife(Puttamma).There is a sale deed for that. Puttamma had a partition deed with her sons and later son sold this property to third party(Krishna reddy) in 2004 with the consent of Puttamma. Krishna Reddy sold the property to the current builder in 2006.

Now, being a flat owner which is under litigation, I'm worried what will happen to my stake once the flat owners association is formed?

My father & Mother expired ,leaving one flat which is in the name of my father.

Do my only married  sister (well settled in Hongkong) has right on this flat? If yes what is the % of the same?

As per Hindu Succession Act, both you and your married sister are entitled to equal shares in the said flat property. your married sister is entitled to 1/2share (50%)in the said flat property

Sir, please go through my opinion 24-12-2009, 16.32. You are saying the said property was purchased by father in the name of mother. it seems from your explanation that the said property is joint family property in respect of which partition was effected among mother and sons. If at all the property was treated to be joint family acquired by father with his self earnings, undoubtedly, all daughters will also be entitled to equal shares.  In my opinion, you may  have to face  some adverse judgment  to the extent of proportionate shares of daughters in the said proeprty.

Kindly let us know weather we are eligible for the ancestrial property of my parents. I am married in 1987. According to karnataka High court preceedings are we sisters eligible for the anceseterial property rights please. Appreciating your kind reply to email t.dc@cgiar.org