• If daughters win a case

There is a property bought by R from P and Q in 1981.Then R through a panchayat parikath(in karnataka) divided land among 4 sons and nothing was mentioned(no consent) for daugters.In 2005 3 sons sold land to builder and buidler contructed apartments.I bought one of the apartments out of 400 and staying from past 2 years.No encumbrances.OC,CC are done.A khata done.Now I doubtful about the rights of daugter -

WHAT IF THEY COME AND ASK FOR THEIR RIGHTS 

others things I have already verified so I cant leave this apartment for one issue.I have consulted local lawyers and on Kaanoon also which has confused me -

a) I see it as self aquired property but I am not going into whether property is self aquired or ancestral.
b) Not sure if limitation act will help me or not.
c) Here partition was not registered (just stamped) as it was panchayat patta but mutation extraction ( changing of revenue) was done as per partition and sons names were updated .Again some say that is valid some and say it has to be registered so not valid in eyes of law.
d) Civil courts cases take 15-20 years so I can take risk.

LETS ASSUME DAUGHTERS HAVE WON THE CASE , based your experience and similar cases in past please help me with these cases-
a) What are chances in %(roughly) of daughters taking money and walking away.I am ready to pay 
compensation.
b) What if daughters say they do not want money but want the land for their purpose.Then how court will divide lands again,demlish buildings etc and what if my propetry does not land in the divided part of daughters.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Daughters would be ready to accept compensation

2) if daughters refuse to accept compensation court would direct the daughters be given their share in land

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

There would ind,entity clause in your sale deed wherein builder indemnifies you in case any claims are made

2) you can sue builder recover your money with interest if title is not clear and marketable

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir, please don’t get confuse as I try to resolve it for you.

Firstly, the property if surely of self acquired property of the father without any doubt.

Secondly, and daughters can’t claim their right over it.

Thirdly, even if they win as per your concern which would not happened as per my experience then also flats can’t be demolish only compensation would be paid by all not only you.

Fourthly, you have taken the very rights step of buying it as you have money, no law can bar you to this.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Sir,

My answers based on my severl years experience as judge are as follows: Be sure that nothing will happen. At the most the brothers are responsible to share from their profits received on sale of joint property/sale of apartments.

a) What are chances in %(roughly) of daughters taking money and walking away.I am ready to pay

compensation.

Ans: You will be formal party and you have already given the price and you are a bonafide purchaser. The rights of bonfied purchaser always protected by the court. A sleeping litigant never gets an relief from any court and ultimately the suit will be dismissed if filed by daughters.

b) What if daughters say they do not want money but want the land for their purpose.Then how court will divide lands again,demlish buildings etc and what if my propetry does not land in the divided part of daughters.

Ans: No question of demolition because the builder seems to have not violated any court order while constructing the apartments.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. property appears to be self acquired property of R

2. R included his sons as co-owners

3. daughters therefore have no right in this property

4. even if daughters have any right, their claim has become stale as land was sold to builders by 3 sons ways back in 2005. So any legal action by daughter will be barred by limitation

5. you can however file a suit to claim your share in the land to create pressure on the builder and try to obtain a stay

6. the builder may pay you compensation in lieu of withdrawing your suit

7. file consent terms and take your money

8. but all of this is not certain. Matter can swing in either direction

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

The property was transferred by the father to his sons by a family partition out of his own volition.

This partition can be even oral and not necessarily to be by a registered partition deed.

Moreover this was done during his lifetime hence there's nothing to be challenged on this.

If R is still living and the JDA between the owners and the builder is more than three years then even if the daughters would like to challenge the same, being barred by limitation, nothing can be done against this by them at this stage.

Don't stretch your imagination too far.

Their case will not be maintainable.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

First of all you have not clarified whether the father is living or notif he is living then the daughters cannot make any claim.

Since it is the father's own property he can dispose his properties in any manner he may desire.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Thanks for your appreciation

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If the property was transferred by the father to his sons during his lifetime then his daughters canot claim any share in it as a right especially after his death.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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