• Sisters claim of fathers self acquired property

We r 3 sons and 4 daughters to my father, father died in the year 1997, in 2000 we only sons and mother divided property got registered the partition deed, now can sisters claim their share, it's a self acquired property by father,
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

1) sisters can claim equal share in property ofdeceased father

2) they can file suit to set aside partition deed

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Earlier, according to the ruling, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. and the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005. However, on February 2, 2018, Supreme Court has made it a general rule that a daughter, living or dead, on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right..

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. The daughters have equal rights in the property left by father loan with their birthers and other.

2. So the partition deed depriving the sisters have no legal validity and the sisters can rightly claim their share in the property.

3. Hence it is advisable that you amicably settle the dispute with your sisters by compensating them as otherwise they may file a partition suit whereby all the immovable property left by your father may be brought to the litigation and hence become encumbered.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Since it's a self acquired property of your deceased father and assuming that he had died intestate (without executing a WILL), your mother and all the children are entitled to equal share in the property. In other words each person is entitled to 1/8th share in the property.

2. In case your deceased father had executed a WILL, then the property would devolve to the beneficiaries as contained in the WILL.

3. Since it was your deceased father's self acquired property and assuming that your father died intestate, then all your Sisters are entitled to equal share in the property on par with other legal heirs.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

1. If the father died intestate then his property has devolved through intestate succession on his widow and all his children equally. The share of daughters is at par with that of sons.

2. Your sisters are free to file a suit for partition to cull out their shares in the property.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes,sister can claim for property if property is not WILL by your father to all sons.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes sisters can claim the property though the claim is barred by limitation but still if the delay is condoned on ground that they were not having knowledge of partition deed court can condone the delay and they can still claim there share.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Yes, but it is time barred as per following provision of law.

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

LIMITATION 12 YEARS FOR FILING SUIT FOR PARTITION

ARTICLE 106 OF LIMITATION ACT

When suit for partition will become barred by limitation?

Article

106 of the Limitation Act provides for period of 12 years limitation for a

distributive share of the property of intestate against other person illegally

charged with the duty of distributing the estate. Time begins under Article 106

when the legacy and share becomes payable or deliverable. Under Article 110 of

schedule¬I of the Limitation Act, suit has to be filed within 12 years by a person

excluded from joint family property to enforce a right therein which time

commences when the exclusion becomes known to the plaintiff. Even if it is the

case of the plaintiff that he was deprived of property of the deceased father by

first defendant is concerned, Article¬106 of schedule¬I to the Limitation Act

would be attracted. Consent award was declared on 15th April 1986. Decree in

terms of consent award was passed in 1991 whereas suit is filed on 6th April

2011. Prayer (b) thus in my view is on the face of it barred by law of limitation.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO. 808 OF 2011

Naresh Lachmandas Aswani

V

Haridas alias Hardas Lachmandas

CORAM : R.D. DHANUKA, J.

Dated: 18th OCTOBER, 2013

Citation: 2016 (4) ALLMR 286

By an order dated 26th July, 2012 passed by this court, two issues

were framed under section 9A of the Code of Civil Procedure, 1908 in Notice of

Motion NO. 1157 of 2011. In view of the issues framed under section 9A of the

Code of Civil Procedure, 1908 to be tried as jurisdictional issue, both parties were

given opportunity to lead oral evidence on the jurisdictional issues framed by this

court. Learned counsel have addressed on those issues which are answered by

this court in the later part of the judgment.

ARTICLE 106 OF LIMITATION ACT MAY BE VIEWED AT THE FOLLOWING LINK.

https://www.vakilno1.com/bareacts/limitationact/limitationact.html

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear,

Yes sisters can claim their share as this property is your father's self acquired property and

daughter's have equal right in property.

sisters can file case against you all.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Yes. Sisters can.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

sisters ought to have challenged the partition deed within 3 years of making of partition deed

i assume the partition deed was registered in which event it will be said to be in public domain and thus within the knowledge of the sisters

if the partition deed was not registered then sisters can maintain a suit by saying that they learnt about the partition recently

or if the partition deed was not registered but several acts pursuant to that deed were done which were within the knowledge of the sisters and 3 years have elapsed from the time of doing such acts, then sister's suit will fail due to being barred by limitation

property was self acquired, so sisters definitely had a legal share in it being class 1 legal heirs

however court does not entertain stale claims

so if the sister's action is barred by law of limitation then their suit will fail

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

Yes, sisters can claim over father's self acquired property.

The following information may kindly be read.

Until the Hindu Succession Act, 1956, was amended in 2005, the property rights of sons and daughters were different. While sons had complete right over their father’s property, daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become part of her husband’s family.

Under the Hindu law, a Hindu Undivided Family (HUF) is a group comprising more than one person, all lineal descendants from a common ancestor. An HUF can be formed by people of Hindu, Jain, Sikh or Buddhist faith.

MakaanIQ shares the rights that married daughters now have in their fathers’ properties:

Daughters’ rights in Hindu Succession Act, 2005

Earlier, once a daughter was married, she ceased to be part of her father’s HUF. Many saw this as curtailing women’s property rights. But on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, was amended. According to Hindu Succession Amendment Act, 2005, every daughter, whether married or unmarried, is considered a member of her father’s HUF and can even be appointed as ‘karta’ (who manages) of his HUF property. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons.

However, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005.

Equal right to be coparceners

A coparcenary comprises the eldest member and three generations of a family. It could earlier comprise, for instance, a son, a father, a grandfather, and a great grandfather. Now, women of the family can also be a coparcener.

• Under the coparcenary, the coparceners acquire a right over the coparcenary property by birth. The coparceners’ interest and share in the property keep on fluctuating on the basis of the number of members according to the birth and death of the members in the coparcenary.

• Both ancestral and self-acquired property can be a coparcenary property. While in case of ancestral property, it is equally shared by all members of the coparcenary, in case of self-acquired, the person is free to manage the property according to his own will.

• A member of the coparcenary can also sell his or her share in the coparcenary to a third party. However, such a sale is subject to the Right of Pre-emption of the remaining members of the coparcenary. The remaining members, however, have the “right of first refusal” over the property, to stop the entry of an outsider.

• A coparcener (not any member) can file a suit demanding partition of the coparcenary property but not a member. Thus, the daughter, as a coparcener, can now demand the partition of her father’s property.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Your father's properties upon his intestate death shall devolve equally on all his legal heirs which includes your sisters also.

They are very much entitled to a legitimate share out of your father's properties, hence instead of stretching a legal battle, better try to solve the issue amicably

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

The suit will be barred by limitation.

Even if they file a case now (as they do have a share in the property), you may get the same dismissed on the ground that the same is barred by limitation and you have acquired the absolute right from the adverse possession.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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