• Daughter claim to father property

My father died as on 1993 and by that time my all 5 sisters were married,
i have taken care of my monther and everything, now my all 5 sisters want to claim the property,
and this is a "Khandani property"
can they claim this property ?
what if i will sell thie property or any portion of this property to anyone, will the registry will be cancelled and this will be an illegal sale ?
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

on father demise your mother , 5 sisters have equal share in property 

 

2) if you sell the property sale deed would be set aside

 

3) you can only sell your share in property 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

Yes they can claim this year in the property asas they have right to have equal share in the ancestral property.

Now this is up to you to go legal I give the share to your sisters without any legal dispute they can file a petition case in the court to get the property distributed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

As long as this isn't a self acquired property of your father, your sisters do not have any share in this property.

Since your father died before 2005, your sisters cannot be given the benefit of Hindu Succession amendment act of 2005. 

You can only sel your share in this property, because there could be other coparceners having interest in this property. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

See the nature of the property has to be seen if it was ancestral property that is 4 generation old and is a hindu joint property and was not further partitioned in any generation then they cannot claim otherwise if the property was partitioned then they can claim as intestate succession of the father. 

If you sale the property and there share is established in court the registry can be cancelled and the seller can proceed against you to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

Daughters have equal share in property and they can claim share in sale consideration or cancellation of sale deed.

What do u mean by Khandani property ? who purchased it.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

There is a difference of opinion between 2 Judgement of Supreme court regarding the right to Property after 2005 amendment of Hindu succession Act. One Judgement says that on the date of amendment both father and daughters should be alive. Other Judgement speaks about right of daughter by birth. But the right is subject to liability of family too. If they want to enjoy rights then the liability of family should also be shouldered by them. So as in your case the father was not alive during the date of amendment then they are mostly not entitled to the share but we need to see the view of larger bench of SC

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

Dear Sir,

If your father did not made registered Will of that property, then the property will devolves among sons and daughters of your father. 

Yes, the daughters can claim.

You cannot sell the property, if you done so the registration may be cancelled.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Your sisters too have the right of inheritance. You selling the property is blatantly illegal... You aren't the sole owner of it

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

The right of women seeking equal share in ancestral property, the Hon'ble Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force.

The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

The property that were on your father's name at the time of his intestate death shall devolve equally on all his legal heirs i.e., his wife and all children.

Hence your siblings are entitled to an equal share in your father's property at par with.

Selling even a portion of property without their consent will be considered as an illegal act and not binding on the other legal heirs.

If they file a suit for cancellation then you will be in serious problem.

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

if its ancestral property i.e. a HUF property, then your sisters cannot claim

however if its a self acquired property of your father then your sisters are class 1 legal heirs who have a legal share in the property

taking care of your mother is your moral duty. You cannot claim to be exclusively entitled to the property just because you took care of your mother. 

If its a self acquired property and you sell the property without your sisters' consents then they can file a suit against you and your buyer 

 

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

Yes, They have equal rights in ancestry property

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer