1) on P1 demise his sons and daughters would have equal share in his property

2) sisters can file suit for partition to claim share in property

3)partition deed can be set aside by court

1) title of seller is not clear and marketable

2) sister children can claim share in proeprty

3) case would be they were not aware of the partition and fraud was discovered recently

4)chain of title is not clear . hence dont purchase the plot

5)Plaintiff will file suit to set aside partition deed and subsequent sales made

6) you will have to bear the legal expenses

1. If the property was self acquired or separate property of P1 and he died intestate then it devolved equally on sons and daughters. Since the share of daughters was at par with that of sons the latter could not have excluded the daughters from it.

2. The daughters or their legal heirs (if daughters are dead) can file a suit to challenge the partition deed executed by the sons and cull out their share in the property.

3. The suit has to be filed within 12 years from the date of knowledge of alienation.

A title search would have to be undertaken in the office of sub-registrar through a local lawyer to find out the chain of documents which alone would reveal whether the property was ancestral or self acquired in the hands of P1.

Take title search from sub registrar office

2) the burden of proof is upon plaintiff to prove they have share in property

The revenue records of property will provide the detaile history of the property so saying this that no one knows the history of the property is not fine.

The share of sisters in the property can not be denied as the succession act was present during that period as well and the same succession Act was amended in 2005.the sisters still have their rights and they can claim this at any time as their NOC has not been taken previously.

1. Only the documents establish whether it is ancestral or self acquired. Other evidences with respect to the transaction has to be adduced by those who affirm that it is ancestral.

2. If P1 died after 2005, irrespective of self or ancestral, daughters and their descendants have equal share in the property by virtue of S.6 of HSA.

- Even if it assumed that this property X was a self acquired property and that sisters too had a right in this property, any claim from the sisters children or grandchildren will be highly time barred, and thus is most unlikely to succeed.

- And as you say that there's dearth of document(s) to demonstrate that this was a self acquired property, even otherwise this would be a very tedious task to prove.

hi, if the property was self acquired and there was a absence of WILL in favour of male children then they and their children can claim their share..however, they are bound by limitation and their claim shall have minimal effect

- Is there any possibility that those sisters children or grandchildren can claim share in this property?

Do not worry, the claim can not be made now at this belated stage.

And also it will not be possible for them to easily prove that the property is elf acquired or the ancestral property

Anyways once the property has been divided it loses the character of ancestral property

and womens at that time were not having any right on the ancestral property

You may go ahead and purchase the property, there is no legal impediment in the same at this point of time.

Yes this property has lot of legal issues and claims can occur. The title which you will receive will be defective in eyes of law. Even if it is assumed that sisters can claim as per amendment in Hindi succession law 2005 but there will be always a suspicious nature and title to your property. If you can handle all these issues then you can move ahead.

Question is:

- Is there any possibility that those sisters children or grandchildren can claim share in this property?

As per Hindu succession act, the daughters have equal rights in the property that belonged to their parents.

If the sisters are alive then they can very well claim their share in the property or their children or legal heirs can stake a claim at this stage also towards their legitimate share and ther is no limitation for seeking partition.

- Also, as no one knows how P1 got this property or his family tree, will there be a possibility of a future issue?

Since this is partitioned among brothers in the year 1965, there wont be any use to dig out the very ancient history towards title of the property, however you can ask your advocate to apply for tracing of title with the sub-registrar .

Question is:

- Is there any possibility that those sisters children or grandchildren can claim share in this property?

Yes there are possibilities because out of greed for money someone may initiate such legal actions at the instigation of others.

- Also, as no one knows how P1 got this property or his family tree, will there be a possibility of a future issue?

There may be a different kind of problem in this regard too.

- If someone is coming and claiming their share now(which is 50 years from partition), who has to bear the case?,

The seller

as the property is now a layout(formed 13 yrs back) with 1000 plots in it.

The seller shall explain to the show cause notice received.

As no one knows whether P1 has self-acquired the property or it is ancestral, how can they claim a share?, as only in case of self acquired, girl children has rights to it , back in 1960s(assuming, ancestral rights are given only after december 2004).

The burden shifts on the person claiming his share in it to prove this.

- How can they prove it is self acquired, as no documents are available for the same?

That is their problem.

Hi, with so many responses already you have, it is added that there are no critical issues at this stage.