• Daughter right in Self Acquired property

We are 3 brothers and 3 sisters. My father died before 2005 (in 1999). I am eldest daughter, married and moved to Karnataka.

My father had self acquired property in Maharastra State. My brother and sisters stay in maharastra state and they had property papers. Without telling me or putting my name as legal heir, they have sold the property of my father (few acres of land) and shared among 5 members. This all incident took place 15 years back.

There is no will written by my father.

Question i have is :

1. How can i ensure, my name is added as legal heir of the property.
2. Can i claim the share after 15 years.
3. Can i fight the case being in Karnataka. (Property was in Maharastra)
4. There are few more properties which is yet to be sold. How do i ensure, i am added as legal heir and get the share for future properties being sold.
Asked 5 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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22 Answers

1. Obtain certified Family Tree from the jurisdictional revenue office where the property is situated.  You can also obtain legal heirship certificate from the revenue authorities in Maharashtra showing you as one of the legal heirs.

2. The time has lapsed.  However you can still claim your share after a period of 15 years stating that you were unaware of the transaction and now only you have come to know , that you are cheated and hence request the court to consider your case and request for condonation of delay.

3. Since the property is in Maharashtra, you have to fight initially in the jurisdictional Civil Court of Maharashtra.

4. Bring an Injunction not to sell the property by your siblings, which will prevent the disposal of other remaining properties in future without your consent.

5. To claim equal share in the property already sold, send a legal notice to your siblings, as well as to the buyer of the property, so that you receive equal share in the already sold property and to prevent sale of properties in future without your consent.  This legal notice can be sent from Bangalore itself.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

1) What were you doing for 15 years ? 

 

2) You can file suit to set aside sale deed if you discovered fraudulent sale recently 

 

3) you fave to explain delay in filing suit 

 

4) suit has to be filed in Maharashtra 

 

5) you can file suit for partition for division of properties by metes and bounds 

 

6) seek injunction restraining sale of properties  by your siblings 

 

7) you can apply for mutation of your name  in properties . Enclose father death certificate 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

1. Through court interference and filing suit. 

2.yes.

3. Yes you appoint lawyer. 

4. You can take a court order in suit or file partition suit

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1.see you have to file suit for partition for your share and cancellation of sale which they did without your consent.

2. You can file case of.cheating against them and yes you can claim.the share

3. Case has to be filed before the property is situated.

4. File suit and take stay on sale of same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The property was self acquired by your father and hence all his children have a share. If the property was partitioned before 2005 then you dont have a share but if the property was partitioned after 2005 then you have a share in the property even if your father died in 1999. Yes you can go for cancellation of the sale deed.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Case will have to be filed at the place where the property is situated.

2. You will have to fight the case and claim your share in the property which have not been sold.

3. Suit for the properties sold 15 years back can be filed

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Also, 2005 amendment relates to ancestral property and not self acquired property. 

You do have right on the property 

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. See the amendment is regarding the coparcenary property daughters had right in self acquired property even before the amendment.

2. See civil suit can take time to settle.

3.Yes you can give them power of.attorney.

4.Yes.from loc revenue and municipal office you can get the details

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It was self acquired property of deceased father 

 

2) you can file suit for partition 

 

3) it would take 15 years to be disposed of 

 

4) you can execute POA in favour of your children to attend court on your behalf 

 

5) details of property can be obtained from sub registrar office where property is situated 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

The sale of the property is void. You can challenge it at any time.

Case to be filled in district where property is situated.

Legal heirs certificate will be required.

Get it from concerned revenue officer.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

2005 amendment is not relevant in this case. It relates to ancestral property.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1.  The amendment to Hindu Succession Act was brought in the year 2005 making daughters' as coparceners on par with their brothers. To be applicable there was a condition that the father and the daughter should have been alive as on [deleted]. However subsequent Hon'ble Supreme  udgements Court judgements have upheld that even if a daughter had born prior to the Hindu Succession Act which came into force with effect from the year 1956 and irrespective of the father's date of death are also entitled to their father's property. Hence you are entitled to equal share in your deceased father's property eventhough your father expired in the year 1999, much before the amendment to the Hindu Succession Act 1956, was made in the year 2005. If the property was your father's self acquired property, then there is no relevance to get confusion with regard to the amendment to the Hindu Succession Act 1956, in 2005. This being your father's self acquired property and based on his intestate death, your mother (if alive) and all their children are entitled to equal share in the property.

2.  It's difficult to quantify the duration of the case. However it may take 1 to 2 years.

3.  Definitely your son or daughter or both can fight the case on your behalf, by your giving POA to them.

4.  Being a daughter, it's not difficult to obtain Death certificate of your father from the jurisdictional municipal/corporation office and regarding the property papers you can approach the jurisdictional Sub-registrar's Office and obtain certified copy of sale deed, encumbrance certificate, etc..

 

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

  1. How can i ensure, my name is added as legal heir of the property.

Ans: You just file an applicaton before the concerned revenue office if refused then go to higher revenue officer or file partition suit and wait for its result.

  1. Can i claim the share after 15 years.

Ans; The limitation is 12 years but you must say that it is continuous cause of action they are consoling you now and them giving some part of earinings and thus enjoying the property jointly.

  1. Can i fight the case being in Karnataka. (Property was in Maharastra)

Ans: No.

  1. There are few more properties which is yet to be sold. How do i ensure, i am added as legal heir and get the share for future properties being sold.
  2. Ans: by filing partition suit you can get interim order restraining them from transferring other properties.

The Amendment Act of 2005. Can i still ask for the share in the property.

  1. What the amendment act of 2005 says in my case, as some confusion in most of the internet articles.

Ans: Nothing to worry. You are entitled for a share.

  1. How long the case will go if it is filed.

Ans: They come down and compromise if you get injunction orders against them.

  1. can my son/daughter fight the case on behalf of me.

Ans: Yes, you can give Power of Attorney.

  1. We don't have any details like ...death certificate...property papers etc. Can i get those details from local muncipal authorities.

ANs: Yes, take the help of detective agencies or friends.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. The daughters had equal rights in self acquired property of father always and the amending Act only gives right in respect of the ancestral property of father. Since there is no limitation for filing a partition suit, you can file seeking your due share even now.

2. Once you are given your due share by the decree of court you can apply for mutation of your name in respect of your share on final decree.

3.The suit is to be filed where the properties are situated.

4.In the partition suit seek injunction as well so the same may not be sold out during pendency of the suit

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Respected mam 

  1. You have right in all above property weather it is ancestral or self acquired when your siblings have sold it is your right to get your share just claim for it you will definitely get it... 
  2. It will take approximately two year.. 
  3. Yes why not you have to issues them a special power of attorney.. 
  4. Yes mam you can get through municipal Corporation but for that you have to a bit hard work... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Amendment Act 2005 and latest t judgement of supreme Court declares that women has right to property Restrosectively. 

The time period of court cannot be projected. 

Yes your son can fight. 

Yes you can get the same from municipal authority

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Madam,

You are entitle for your share if you file partition suit stating that till recently and even now enjoying the properties jointly.   The limitation to file partition suit is only 12 years.  The cause of action must be created by sending legal notice. The territorial jurisdiction always within in the jurisdiction situation of properties.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You can file a civil suit for recovery of the money of your share from your brother along with cancellation of sale deed .

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You dont have to add your name as legal heir in the property card, you can straightaway file a partition suit claiming your legitimate share in your deceased father's property including the property they have already sold without your knowledge.

2. Yes, for claiming your share and the partition suit can be filed at any time, it is not barred by limitation.

3. You may have to file the suit in the place where at least one of the property is situated.

4. You can file an application seeking injunction restraining them from selling the other properties till the disposal of the main suit.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. The amendment in the year 2005 will not affect this case, that is only for the  rights in the ancestral properties and not for the self acquired properties.

2. It may run up to five years or even more depending on the court.

3. No, but you can give power of attorney deed to them to represent you during your absence.

4. You can. For any assistance you may contact any local advocate.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been cheated by your siblings.
  2. And let me inform you that you can very well fight for your share as the limitation period is of 20 years, but you will have to file for the same in the state where the property is situated.
  3. And there is no need to look for the death certificate as it is in face that father has died otherwise they could not have sold the property.
  4. Yes, you can be represented by your Children also after executing a POA in their favour.
  5. You have equal share in the self acquired property as per Succession law in the absence of any Will by your father.
  6. And 2005 amendment is applicable on ancestral property only, but the same is not the case for you.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear

You have to file a suit for set aside of sale by mentioning that the sale was done without your knowledge or consent.

Yes you can file suit after 15 years but you have to give a genuine reason for such a long delay in filing the suit. 

No you cannot file the suit in Karnataka because the property is situated in maharashtra and suit should be filed in the district where property is situated.

You can file a suit for partition and interim Injunction for rest of the properties so that they cannot sell the property without permission of court.

Yes your children can fight case on your behalf by POA executed on their name. 

Yes you can file RTI for getting details of properties and death certificate.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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