• Daughter claiming right in ancestral agriculture land in 2012

Mr. A died in year 1958 in Rajasthan leaving behind 3 sons & 2 Daughters without any document. S1, S2, S3 (Sons) got their agriculture property on their own name without having name of D1 & D2 (daughters) without partition. In 1972, S1 died and on the name of S1, his son's name was inserted. In 1995 Son of S1 by stating he got partition with his uncles and his father's 1/3 share is his share and for the benefit of family he sold the 1/3rd share to Builder & a supporting clarification deed executed by wife of S1 in favour of Builder in regard to 'No objection'.

The construction started in year 2006 and Almost 50% land is developed and buildings constructed upto year 2012.

Now in year 2012, one daughter of S1 filed a suit claiming her share stating it as her ancestral land, in which she is claiming 1/6 share in the whole land of Mr. A. 

Is her share is genuine? in respect of Hindu Succession (Amendment) Act 2005? Builder is a Bonafide purchaser. What are the remedies?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) on demise of A his 3 sons and daughters had equal share i land

2)it is surprising that land was transferred in name of sons without any relinquishment deed or gift deed being executed by daughters

3) S1 had on e fifth share in land

4) on his demise his wife , his sons and daughters have equal share in land

5) daughter is entitled to file suit for partition to claim her share in land

6) builder should settle with the daughter

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1) it is not ancestral property

2) property which has remained undivided for 4 generations would be ancestral property

3) in the present case it is grand father A self acquired property

4) grand daughter would have share in property of her father S! on his demise

5) daughters of A can always sue to claim their share in A property

6) if it was ancestral property and father died before 2005 daughter would not have share in ancestral property

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1) thanks for your appreciation

2) the issue involved is whether it is ancestral property or not

3) property inherited by son S1 on his father demise( A )would not be ancestral property

4) on S1 demise sons and daughters have equal share in property

5) the citation given by you is applicable only to ancestral properties

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

litigation is long drawn process and goes on for years at an end

2) if the case goes on for years and chances of success are bleak it is always better to settle

3) if A had inherited property from his fore fathers you can claim it is ancestral property

4) you can then take the plea that daughter of S1 would not have shar in proeprty as her father died before 2005 . further if partition had taken place before 2005 daughter would not have share in ancestral property

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

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