1) What basis you say property is ancestral property? kindly clarify
2) daughters would have share in ancestral property as it was sold in 2006 after amendment to Hindu succession act
3) 3 daughters have equal share in property
Father sold ancestral property in 2006 without asking daughters
Seventy-five year father and 2 married sons sold an ancestral farm land in 2006 without asking his 3 married daughters (age 56, 58, 60 years). Before the sale, the 7/12 of this land had only the father's name. Now it has new owners name. The father died in 2008. Six years later his 3 daughters want their share from the new owner. Do the daughters have legal right to this land? If yes, what percentage of this land do they have right to?
Asked 5 years ago in Property Law
Religion: Hindu
12 Answers
Hello,
Yes do have right on the land.It will be divided equally among the legal heirs.
You will have to file a partition suit for the same in the civil court of the place where the property is situated.
Regards
The nature of the property need to be ascertained first as if it was ancestral or not as ancestral property is only that which remains undivided for 4 generation so even land inherited by father from his father would not be ancestral so kindly tell the history of property.
Further if it is ancestral daughter can file for cancellation of sale and for there share in the property.
However, the daughters have right in parental property; in the present circumstances the limitation period of time is over and the daughters may not be getting the desired relief.
Since 7/12 was on the name of your father, this parcel of land appears to be self-acquired property of your father which he was free to sell during his lifetime and was not required to take any one's permission while doing so.
Since you say this was ancestral land, you need to first describe on what basis you say so.
Even if we take this to be as an ancestral land, ypur claim is highly belated.
1) If it's ancestral property than daughters habe equally rights in it as per latest amendment 2005.
2) Each daughter has 1/6th share in the property.
Dear Client,
First of all, how father acquired this land ?
from his father or grand father ?
If from grand father than daughters have 1/6th share each.
As per the law in present period, an ancestral property can not be sold off without the consent of the daughter, but such law is subject to certain conditions.
Ancestral property is regulated by the Hindu Succession Act 1956, which was not giving any ancestral property right to the married daughter till 2004. Since 2005, an amendment got ruled that even married daughter has equal right over ancestral property. Now, if the parent of a married daughter dies after 2005, and if the ancestral property is sold or disposed off without her consent, she can hire advocate to send a legal notice and file a civil suit for getting her share in the ancestral property.
After the death of the father the daughters have the equal right as the other sons.
As during the sale your father was alive you would have claim your partition but as that lion has been sold out and is mutated in the name of the purchases you have to file a petition for revocation of the sale deed and when decided by the court then only you can get the share in the property
The quick answer to your question—supposing this is indeed an ancestral property—you may have a case. The strength of your claim would depend on whether or not your father had a legally valid reason for such unilateral alienation or sale of the said ancestral property.
Valid reasons that enable the father/karta to sell ancestral property without the consent of other coparceners include a pressing family need for example. Fortunately, the burden of proof as to this particular aspect is on the purchaser—which is not you in this case.
Please note that your father also had a share or interest in the ancestral property which he was perfectly capable of selling, gifting, willing away, and what have you. Any claim of yours would not be valid against this personal share of his. So you are looking at a claim against the ancestral property minus your father’s share or interest in the property.
You can file a suit for cancellation of the sale under section 31 of the Specific Relief Act. The limitation for challenging an alienation (read: sale) of this nature is 12 years from the taking of possession by the purchaser.
I cannot comment on your respective shares without taking a look at your family tree. You see, I do not want to give you inaccurate or inexact advice here as that can be a recipe for disaster.
Ancestral property and coparcenary rights are particularly complicated so it is recommended that you consult an advocate either here or offline.
I hope I have been of help. Follow-up questions welcome.
If the property is actually ancestral in nature, then permission of daughters is necessary as the transaction was done in the year 2006.
The daughter should file a suit for cancellation of sale in Civil Court if they want to clean their share in the ancestral property which was sold without their consent in which they would have equal share as the other family members.
Since the property was on the name of the father, he had full rights to dispose the property in the manner he desired it to be.
He need not obtain the consent of the daughters or even sons to sell the property that is lying on his name even though he inherited it.
Therefore neither the daughters nor the sons had any right in the property.
The proposed suit seeking share in the property that has already been sold, may not be maintainable.
