• Hindu Succession Act

Father died on 01/11/1959
His agricultural property transferred in the name of his only son almost immediately . Son transferred all property in the name of of his mother, because he wanted to go abroad. Then mother transferred her property, on giving notices to concerned through Tahsildar, in the name of only son as his going abroad was cancelled. This has happened in few months.
Now  in 2012 ,one married daughter aged about 73 yrs,out of 5 daughters, with insistence of her husband ,has filed a civil suit in district court Ahmednagar, Maharashtra, for her 1/6th share in inherited agricultural property, which is about 15.38 acres . The case is pending.
Asked 2 years ago in Civil Law from MUMBAI, Maharashtra

daughter has equal share in self acquired property of deceased father

amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

Hello,

Take a pre liminary objection of adverse possession and say that the claim in highly time barred.

Was the property ancestral or was purchased by your father?

Regards

Anilesh Tewari
Advocate, New Delhi
17615 Answers
288 Consultations

5.0 on 5.0

1. It is not clear whether your mother is still alive or not.

2.In any circumstances once the properties have been returned to you from your mother by a proper deed of conveyance then your sister can not claim share through your mother.

3.Now it is not clear whether the proeprty left by your father was ancestral or self acquired.

4. If it was ancestral then daughters before the year 2005 has no right of share .

5. If it was self acquired then on his death the proeprty is liable for equal division among his widow , one son and 5 daughters and in that circumstances your

Devajyoti Barman
Advocate, Kolkata
19621 Answers
278 Consultations

5.0 on 5.0

Daughter has the right to claim share frim her mother

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

You will have to engage a lawyer based in that city.

the court has usually observed that claim can not be made after 12 years.

The 2005 amendment does not have any role in your case.

Regards

Anilesh Tewari
Advocate, New Delhi
17615 Answers
288 Consultations

5.0 on 5.0

Sc judgment is only in respect of ancestral property

2) it is not applicable to self acquired property of deceased father

3) after passage of Hindu Succession act 1956 daughters have equal share in father self acquired property

4) you must contact lawyer in Ahemdnagar only . fees for out station lawyers for each date would burn a big hole in your pocket

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

All the heirs have right over that property equally

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

For partition suit there is no limitation prescribed by law.

The amendment in 2005 giving right to daughters to claim equal share in father's property applies to ancestral property only. The daughters have all along equal right of share in respect of self acquired proeprty of father.

Devajyoti Barman
Advocate, Kolkata
19621 Answers
278 Consultations

5.0 on 5.0

You have not specified whether it is an ancestral or self acquired property.

As per S.6 of the succession act, the daughter of a coparcener shall by birth become a coparcener in her own right the same manner as the son.

Also, S.6(1)(c) states that nothing contained in this sub-section shall invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before 20-Dec-2004.

If the property has been transferred to you prior to 20-Dec-2004, then she cannot lay claim over the property.

Rajaganapathy Ganesan
Advocate, Chennai
1711 Answers
8 Consultations

4.9 on 5.0

Yes, there is a limitation period of 20 years to contest the partition or transfer of inherited property, and also there is a latest Supreme Court judgement which says that daughter can only claim if the father dies after 2005.

Yes I can fight your case and fees would be 10000K for per hearing excluding the first fees of case filling I.e 20000K plus traveling expenses from your side.

Sanjay Baniwal
Advocate, South Delhi
5209 Answers
12 Consultations

5.0 on 5.0

As per the Hindu succession act, 2005(Amendment) the daughter also have equal rights like son in the ancestral property. A daughter would have the right in the ancestral property inherited by her father only if both the daughter and father were alive at the time of commencement of the Amendment Act i, e 05.09.2005. At the same time, if the ancestral properties were disposed of, settled or partitioned prior to 05.09.2005 such disposal cannot be questioned by the daughters. In your case is concern, father already settled the property in your favour of his son by way of transfer prior to the year of 1959. Thereafter, his son settled the property infavour his mother and she inturn settled the very same property infavour of her son. Therefore, the daughter cannot claim her share in the ancestral property on the sole reason that her father was deceased prior to 2005. In case, if it is a self acquired property of your grand father and if he had not settled or alienate the property infavour of his son during his life time then she can claim share in her father's self acquired property.

Selva Perumal
Advocate, Chennai
314 Answers
34 Consultations

4.9 on 5.0

Sir if your father died before 2005 your sisters can't claim partition.... Secondly limitation for seeking partition is 12 years ....Ask your llawyer to fIle an application under order 7 rule 11 seeking for rejection of plaint as suit is barred by law and limitation...

Swarnarka Chowdhury
Advocate, Mysore
1864 Answers
5 Consultations

5.0 on 5.0

Actually the property belonged to the father and upon his intestate death the same devolved equally on all his legal heirs namely his wife, sons and daughters.

Therefore the property transferred in the name of son after his death was illegal and invalid in law because the daughter also has a right to her share in the property.

The subsequent transfers or transactions in the property are not binding on the daughter who now claims her 1/6th share in the property.

She is entitled to an equal share in the property that was left behind by her deceased father.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

What is exact present situation after the amendment of original law of succession 56. , after 9th Sept. 2005 and 2015.

The intestate succession is governed by the Hindu succession act 1956, as per that the daughters are entitled to equal rights in their father's properties at par with the sons.

What are favourable Supreme court and other courts judgments in my favour?.

The provisions of law in this regard is very clear that yor sister is entitled to an equal share to that of yours in your deceased father's properties.

You cannot avoid that.

Is there any time bar for filing such kind of cases and how far it is useful in my case?.

The partition suit is not barred by limitation, she can file the suit anytime.

Can you fight this case as my lawyer, at Ahmednagar Maharastra.? and what will be your fees.?

You cannot ask in general to all lawyer, you can select one and engage his/her services on terms.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

Latest supreme court judgement in 2018 states that women born before the amendment date is also liable for the share in the property. So she has a right up share in the same

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

You can try and show lacunas in the suit filed by her and try to win the case.

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

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