The land owner died in [deleted] and he has 3 boys and 3 girls and the property was transferred by his son on 2007 and they sold it to a person for their loan and to buy a new property and now the 3 girls put a case and claim share on the property and while selling they mention for their family loan and to buy new property only they are selling the property to another person .for the family debt and to buy new property only they are selling. they are claiming after 20 years death of their father and also RTC was issued in the year 2007 and they sold it in the year 2008. now they claim under Hindu succession act 2005 amendment and after 20 years of their father death they claim
i have purchased the property and converted the land to non agricultural land and doing mining activities and got licence from government and doing now they want to get stay on the property after the sales by their brother in the year 2008 .now they claim share and informed that they are not aware of the sales effected 12 years ago.what can we do now and the case is pending in the court.father expired in 2001 and the proerty transferred to their brothers on 2007 and they sold it in 2008 and now the sisters claiming share in the property after 12 years bythe advice of illegal people.what we do and what will be the result
On father demise daughters had equal share in property
2) daughters consent was necessary to sell the property
3) they can file suit to set aside sale of property
4) claim would not be barred by limitation if daughters were not aware of sale of property
Daughters have not signed sale deed nor executed gift deed or relinquishment deed
they can claim equal share in property
The daughters have no doubt every right to inherit their father's estate. However, you may challenge their claim on the question of limitation. That seems to be the only possibility.
You don't worry contest the suit and stay application on merits the same will be dismissed. If you have no during sale show that to the court
1. Assuming that the landlord died intestate ( without executing a WILL ), the share in the property devolves equally to his wife ( if alive ), three sons and three daughters in the share of 1/7th each.
2. Daughters are also treated as Coparceners on par with Sons, as per Amendment to the Hindu Succession Act, 1956 in 2005 and subsequent judgements in this regard which is retroactive, with certain conditions.
3. Based on above, the three daughters are entitled to equal share on par with their three brothers in their deceased father's property.
4. Since you had bought this property and invested your money to get the property converted to non-agricultural status, send a legal notice to your seller/s who sold the property to you, to get back your investment OR convince the three daughters to come to a compromise and withdraw the case, so that you can pay some compensation to them, so that you can retain your property.
If the father is reported to have died intestate then the properties left behind by him shall devolve equally on all his children including his wife and mother(if alive).
If the properties were transferred to the son without the consent of the daughters and if they have not executed a registered release deed, then their rights for their legitimate share in the property is very much available even at this stage.
Since new properties were bought out of the sale proceeds but the daughters were not considered for their share either in the sale proceeds or in the new property, they can very well approach court with a suit for partition and claim their rightful share by due process of law.
This property is not ancestral property, hence there is no necessity to invoke the latest amendment to Hindu Succession act which was amended in the year 2005.
The are entitled to their rightful share in the property through the provisions of Hindu Succession Act, 1956 itself.
Their claim for partition and their legitimate share in the property is not barred by limitation.
The claim for their respective shares out of the property that was left behind by their deceased father upon his intestate death is a right bestowed on them vide the provisions of Hindu Succession Act, 1956.
Their claim for their rightful share in the property is maintainable.
The sons cannot inherit the entire property unto themselves, they are required to distribute the respective share to their sisters as per law.
Since the sons have not allotted the share of proeprty to their sisters, their sisters have approached court of law claiming their rights and shares in the property which belonged to their deceased father and not to their brothers.
Dear client,
As long as the sale and purchase of the property are legal, you will not have to worry. The court can tell the brother to pay his siblings in terms of monetary compensation and you will be given your land as it is as you have invested in the land.
Thank you
- If her father has died without writing a WILL or transfer the said property during his life time , then legally his property would be devolved upon his all the legal heirs equally.
- Hence, the daughters having their right to claim share in the property even the said property sold to you , and for the same they can file a declaration suit before the court for declaring the sale deed as null and void.
- However, if you are residing in that property for more than 12 years and during that period they not claim their share , then legally you can be declared as the legal owner of the property on the ground of adverse possession.
- You can file a declaration & injunction suit before the court for declaring the owner of the property and to restrained them to interfere in the property .
