• Daughters right over property of father

A person X had signed a partition deed for a land(in Karnataka) between him and his sons on 03-1978, which X purchased in 1971.Person X has daughters but property was not shared to daughters.Now sons of X sold to Y on 02-2005 and Y then sold the land to Builder on 09-2009 by executing gift deed,who has already constructed building and got OC ,A-katha and other approvals.My question is- 

What if daughters of X come and ask for their share in property as their consent was not taken.Builder says since partition deed was executed prior to 2005 , in that case daughters can't put their claim for equal share but as per September 2005, the Hindu Succession (Amendment Act), 2005 things have changed.

I am the buyer of one of the flats belonging to project build on that land.
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

1)partition deed was executed prior to 2005 , in that case daughters can't put their claim for equal share

2) if there was no partition daughters could have claimed share in ancestral property

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Hello sir , since you are a bonafide purchaser your title will not be effected and challenged even if she claim her right in the property

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. The partition deed was signed in 1978. At the relevant time, daughters were not considered as coparcenors of HUF property and thus could not claim any share in the HUF property.

2. On and from September 2005, daughters of coparcenors were recognised as coparcenors alongwith the sons and would have the same rights and liabilities as the sons.

3. Therefore daughters of coparcenors can claim share in HUF property only from 2005 and not before.

4. In your case since partition happened prior to 2005, you cannot claim share in ancestral property.

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

It was X purchased property so he has complete right over the property to transfer in his lifetime.

So he carried out a valid partition in 1978 he was sole.owmer of land he can alienate.as he wished daughter cannot.claim any right over father purchased property if it was partitioned or sold or gifted in fathers life time in case of intestate death the issue might be different .

any partition prior to 2005 shall not get effected by the.amendment as it prospective in nature .Sc held this very clearly in prakash vs. Phulwati.

And in your case it is X purchased property which he purchased in 1971 it was not coparcenary property or anything so he has all right to carry partition and alienate in way he want daughter has no right.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear,

Supreme court clears in his judgement on dated [deleted] that daughters born before

2005 has equal rights in her father's property same as son.

So it is a risky dealing for you.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

X was free to pass on his property to any person(s) as per his wish during his lifetime.

Exercising the above right, he passed on his self acquired property to his sons to the exclusion of his daughters.

There's no defect in the above transfer.

Daughters cannot claim a share in this property.

You may freely go ahead and purchase a flat in this project.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Cleint,

If property was acquired by X, than daughter and son have no claim in the property. it`s his personal property, hence, can give property to any of his choice but not by partition, Only through GIFT/WILL/Sale.

If X received from his father, still daughter/son had no claim till X died intestate without dispensing the property.

And, if property was ancestral, than no such born right was available to Great Grand daughter to claim share in the ancestral property at that time.

Hence Daughters have no claim.

Who acquired the property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,

As per the law in vogue, the demand by daughter will be a stale one and may not be entertained by the court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

In the life time of the father, the father may gift, partition or sale the property (if self acquired). Since, father had done the partition, then daughters cannot demand share from sons. But if the father had died intestate then daughters can claim their share from that property of which their father was still the owner.

Suppose, father had 4 properties. He partitioned and gave 3 properties to sons and kept 1 property with him whose owner was he only. Being the owner of that 1 property, he died intestate, then all living legal heirs can claim share from that 1 property.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1. The builder is absolutely wrong in saying that the daughters will not get the share of their father's property since the partition deed was executed before the year 20054.

2. Had it been an ancestral property i.e. property of great grandfather standing in the name of great grandfather till now, then the daughters would not have there share in it since it was partitioned before amendment of the Succession Act in the year 2005.

3.Since it was not an ancestral property, the daughters will have equal right on the said property along with the sons.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Firslty, the property is self acquired by X, so there is no question of daughters right in it as it is not the ancestral property.

Secondly, all the judgements are for the ancsetral property not for the self acquired.

So you are in safe position.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Sir,

Being a buyer of a single flat need not worry about that issue. The civil cases never end in your lifetime. By the by the Hon’ble Courts changing their versions everyday. If you are a party in any partition suit filed by daughter then it is for formality sake and no decree will be passed against you. Be assured.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

This is self acquired property of X which was partitioned by him during his lifetime between his sons alone.

His intention was to give this property to his sons alone leaving out his daughters.

Nobody can force him to give any share to his daughters nor his daughters have any right to ask for a share out of his self acquired property based on his allotment of the same to his sons alone.

Therefore there is no question of the daughters making any claim for a share in this property which was long back disposed by its original owner in the manner and desire he chose then.

You can feel free about it

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

Every agreement has this term that any past claim regarding heirship or claim on property and any damages incurred shall be indemnified by builder as builder consent and acknowledge that title of property is clear and marketable so anything contrary builder shall be liable.to pay.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In my opinion, the consent of the daughters is not necessary, hence you may not be bothered about that now.

The builder will not give any indemnity and also his indemnity will not be binding and not enforceable in law in case of a dispute at at a later stage in this regard.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

Daughters consent is not necessary as partition was done prior to 2005

2) indemnity bond executed by builder should protect your interest

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Yes you can do it. The recent law is as follows.

========================================================================================

Daughters Have Equal Rights In Ancestral Property, Even If They Were Born Before Enactment Of Hindu Succession Act, 1956 Holds Supreme Court [Read Judgment]...

The Supreme Court has held that daughters who were born before the enactment of Hindu Succession Act 1956 are entitled to equal shares as son in ancestral property. The ruling was rendered in an appeal filed by daughters challenging a decree in a partition suit, which excluded them from partition. The partition suit was filed by the grandson of the deceased propositus of a joint family in 2002. The Trial Court held that daughters were not entitled to share in property, as they were born bef...

The partition suit was filed by the grandson of the deceased propositus of a joint family in 2002. The Trial Court held that daughters were not entitled to share in property, as they were born before 1956, the year of enactment of Hindu Succession Act...

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. There is litile confusion in your first post itself as given under:

a. You have mentioned "A person X had signed a partition deed for a land(in Karnataka) between him and his sons on 03-1978, which X purchased in 1971". Ordinarily, partition of a property takes place between joint holders of the said property. If X was the owner the property then the fact is that he has gifted or settled shares of his property in favour of his sons depriving his daughter.

b. In the above event, the daughter will have no right, title and interest on her father's share which her farther himself had settled between her brothers, during his life time and the said registered Partition Deed which should be termed as settlement deed is perfectly valid.

2. In the circumstances as seen above, you can go ahead with the purchase of the flat and it is standard practice to make a mention in the sale deed that the Vendor will indemnify the buyer in case of any dispute in connection with the ownership of the land on which the building consisting of the flat has been constructed.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Suppose I get this doc then do you think my case will be stronger(not 100%) if situation mentioned in question1 happens in future.- If in the life time of the father, the father had partitioned the property (if self acquired). Since, father then daughters cannot demand share from sons. You can get that partition deed copy or certified copy as proof.

a)Should I ask builder to sign an Indemnity bond (with Director's signature) that , for any damage due to incorrect deed/daughters showing up for claim will be the responsibility of the builder.etc. - If the daughters claim their share, then they will claim from their family,. They will not claim from you. If They come And claim from you then you can provide information about the verified purchase.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

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