If your father died intestate than you have 1/3rd share in the property. You can challenge the sale deed and claim your share.
Without Daughter signature father's self-acquired property sold by mother&brothers after FatherDeath
Hindu family-AndhraPradesh Father(F) is farmer,purchased 26acres of agriculture land in April 1994 on his name Father has 3 Sons(S1,S2,S3) & One Daughter(D1 POSTING THIS QUESTION) Daughter marriage in 1982 Father(F)made Registered will in favour of grandchildren(S1 son's) in May 1994 Will Details: Father(F)clearly mentioned at this date my grand children are minors,S1 will act as guardian& S1 will Not have any rights over the 26acres property.S1 can only use land income for minors welfare.Once grandchildren become majors they will get full rights over property. My brotherS2 signed as one of the witness in the registered will Father died in 2000 After fathers death my mother(M),3 brothers(S1,S2,S3) sold the property in 2005. All 4 members(M,S1,S2,S3) signed in SaleDeed & daughter(D1) is NOT signed. Now Land been sold to 3 different owners 1st owner 2005 to 2008 Extent 26acres 2nd owner 2008 to 2024 Extent 20acres(2nd owner sold some land) 3rd owner 2020 to 2021 Extent 6 acres 4th owner 2021 to 2024 Extent 6 acres Existing Partition Suit details: In 2010 My brothers S2,S3(as Palintiffs) filed partition suit against S1,M,D1(as Defendants) in court on our inherited ancestral/Joint properties(50Acres).Case is going on from 14years till today March2024.In 2011 with court permission(myself)DaughterD1 got impleaded into same partition suit as legal heir. In 2019 through relatives discussion myself Daughter D1 got to know that my father had purchased above said 26 acres land in 1994 and i immediately filed I.A to add 26acres property into ongoing partition suit.District court agreed to amend suit & add 26acres land, Defendant S1 filed CRP in A.P High court at this stage existing suit cannot be allowed to amend. so AP Highcourt passed order:To setaside lower court orders in 2022, Supreme Court,delhi also passed order in Jan2024 as: we cant interfere with AP High court order. Now my questions are 1) As per my civil right can i file new Suit for Declaration or Suit for partition to claim Daughter share against present land Owners on 26acres? 2) After fathers death Mother&Brothers sold the total land without daughter signature,Is this sale deed valid? 3) What is daughter right on father selfacquired 26acres land which was sold after his death without daughter signature? 4) What happens if my brothers submits will to the court?Does total 26acres land goes to brother sons?(as will favoured to grandsons)Now grandchildren(GC1) age is 32 years& GC2 age is 28 years 5) Who can challenge here grand children or Daughter? Brother S2 is witness in will.Can Witness be the beneficiery? 6) What happens to present land owners? what are their rights to defend? 7) can daughter claim sold property after 14years? 8) will Limitation period starts form land sold year2006? or my acknowledgment year 2019?I approched to court on this 26acres land in 2019 please advise me what type of suit should i file to claim myD1 share? Thank you
Asked 8 months ago in Property Law
Religion: Hindu
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7 Answers
1) mother and sons cannot sell property of deceased father without daughter consent
2) property has to deliver on legal heirs as per will ie only grand children .son only had life interest in property
3) you can file suit to claim share as property sold without your consent .
4)a beneficiary has attested a Will as a witness in that situation, the bequest made to such witness or to his or her wife or husband under the Will shall become void but the Will shall be construed as validly executed.
It appears that the registered Will was not enforced nor acted upon by the beneficiaries, even after three years after they became major by age.
In the meantime, the mother and three sons alone sold the property in favor of some buyers after the death of the testator which indicates that nobody bothered abut the Will and the bequest made therein in this regard.
If so, then the property can be considered as intestate succession, while so you being one of the legal heirs to your deceased father you can file a suit for claiming your share in the property with separate possession as a right.
It is also a fact tht can be proved by documentary evidence that the brothers and mother sold the properties by totally excluding the daughter or her interests in the property.
If your brothers submit the Will to the court, then the court will question their authority to sell the property that belonged to third party, hence they may avoid that situation.
If at all the grandchildren are challenging the sale of property then the court may pass a verdict in their favor.
The partition suit is not barred by limitation
Dear Querist,
My opinion on your queries are as under: -
1. No, you have no right as the father purchased the property himself and this property will considered as self-acquired property and for that Land he made a Will in favor of the grand children hence you have no right over that property i.e., property 26 acres.
2. except 26 acres land, the properties sold by them without you are illegal and those sale deed can be cancelled by the Civil Court.
3. Consider opinion no.1.
4. those properties are related to grandchildren now after the execution of Will and death of your father.
5. What will be challenged?
6. The present owner related to 26 acres of property which was self-acquired property of your father who had executed a Will in favour of his grand children, those properties are safe and the present owner shall be legally owner of those properties but the sale deeds of those properties which were sold by them without your signature except that 26 acres, will be declare as null and void as you are also the share holder in the ancestral properties.
7. No, she cannot, but if she got the knowledge within three years only then she may.
8. From the date of knowledge.
Feel Free to Call
If there is no will then the said dale is illegal and can be challenged in court
Dear client
Your situation is complex and involves property law, succession rights, and interpreting a will. Here's a breakdown of your questions and some general advice (consulting a lawyer specializing in property law is highly recommended):
Your Rights as a Daughter:
Claiming Share: You likely have a right to claim your share of the 26 acres. The Hindu Succession Act, 1956 (amended in Andhra Pradesh) grants daughters equal coparcenary rights in their deceased father's self-acquired property.
New Suit: You can potentially file a new suit for partition or declaration to claim your share against the current landowners. However, there might be complexities due to the time elapsed since the sale (2005) and the High Court order.
Mother & Brother's Sale: The sale deed without your signature might be challenged if you weren't informed or given due share.
Will and Grandchildren:
Will & Grandchildren: The will might be challenged on grounds that it cannot override your rights as a legal heir under the Hindu Succession Act. Since the grandchildren are now adults, the will's provisions regarding their rights might be irrelevant.
Challenging Will: You and your brothers can potentially challenge the will. Being a witness in the will doesn't prevent S2 from inheriting, but the court will consider the circumstances.
Current Landowners:
Landowners' Rights: The current landowners might have some protection under "bona fide purchaser" principles if they bought the land without knowledge of any dispute. However, the specifics depend on the details of each sale.
Limitation Period:
Claiming Sold Property: Limitation period for property claims can vary depending on the nature of the suit. Consulting a lawyer is crucial to determine the applicable limitation period in your case. It might start from 2005 (sale year) or potentially from 2019 (when you learned about the land).
Recommendation:
Consult a lawyer specializing in property law in Andhra Pradesh. They can analyze the specific details of your case, including the will, sale deeds, and partition suit documents. Based on that, they can advise on the most suitable type of suit to file (partition, declaration, or something else) and the legal arguments with the strongest chance of success.
1. Since, your consent was not taken before selling the property , then you can file a Partition , Declaration suit before the court for getting share in the property and to declare all the sale as invalid.
2. No
3. Daughter has equal share in the property if father has died without leaving a Will in regard to this property.
4. Even if there is a Will in the name of minor , then also they were not having any right to sell the property without getting court order.
- You can challenge this Will on the ground of fathers medical condition and family fund
5. If the Will is in the name of grandson , then after becoming major they can claim property
6. They can claim refund of the amount paid for purchasing the property.
7. Yes, depend upon the circumstances , and need suggestion from the lawyer to file the case
8. Your date of knowledge
