• Right of married daughter to fathers property before 2005 amendment

My fathers Uncle (Mothers brother) died in 1979 intestate leaving behind self acquired . At the time of his death had two surviving married daughters.
Our family belongs to Bunts community and were following Aliyasanthan Act.
As this act a family tree was made and it was found that my father was the only surviving nephew. In 1980 a application to the deputy thashildhar was made and notice (in form 21(1) Karnataka land act) was sent to concerned relatives informing the change of name in the RTC. After mandatory 30 days since no objection was received the change of name in RTC (my fathers name) was effected.
After the death of my father in 1993 the property was transferred to my mothers name and in 2001 after partition the property came to me.
Now when I sold a portion of the property daughters of deceased grand father have case claiming rights on the property.
Want to know 
a). Can these two married daughters can claim their rights
b). It is more than 30 years past and the party was enjoyed by us
c). Is there time limit in which they have to claim
d). Can I claim Adverse possession since the property is continuously with us for more than 30 years.
e). In this case when does adverse possession happen
VINOD RAI
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

daughters can claim share in deceased father self acquired property 

 

2) there is no limitation period for claiming share in property 

 

3) you cannot claim defence of adverse possession against family members as possession of one is regarded as possession of all 

 

4) 

 it is well settled law that between co-owners, the mere fact that one co-owner is in possession of the entire property would not be sufficient evidence of ouster so as to extinguish the rights of the other co-owner

 

Ajay Sethi
Advocate, Mumbai
89856 Answers
6518 Consultations

5.0 on 5.0

The mutation was done before 2005 and therefore they cannot claima ny share in the property.

The law shall be applicable after 2005. Transactions done before 2005 will not be affected.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

Yes, law of succession of Aliyasantana had been changed by legislative enactments i.e. Hindu Succession Act.

You can object their case as barred by limitation. 12 years.

Adverse possession should be hostile possession than in this case you have to admit their title on property and than can have title though AP.

To claim his ownership, this squatter has to prove that his occupancy of the property has been uninterrupted for the entire period.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

if it ancestral property than they can ask their share in the property. Kindly forward your family tree exactly.

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

Now the status is cleared by SC that the daughter will be eligible for the share in the same bt birth. Even if you claim adverse possession you cant deny her the share. After the suit decree you will be compelled to give her share

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

1. In your case criteria of "Adverse Possession" does not arise, more so since the Property was duly transferred to Mother and then to you, by following due procedures of law.  This legally would construe as "Absolute Title Ownership" at your hands.

2. IF at all the two daughters had to challenge or stake their rights /claims, THEN legally they would have to do so when property was duly to Mothers name. Now there is no scope of legal claim by the two daughters.

3. Apprehensively the two daughters are "arm-twisting" you, to make you come down to the negotiating table.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Did the daughters of deceased grand father filed a suit? If yes, what is the nature of suit? On the perusal of the query i can certainly say that it is barred by Limitation along with other ground of Adverse Possession. 

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

1, Yes if they declared legal heir of the deceased.

2. Does not matter if the court condone the delay.

3. Though the time limit is 12 years but if the court deemed it fit to condone the delay.

4. Yes but the grounds should not be adverse to the existence of possession on the property.

5. Please read answer no.3.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

a)  Yes both the daughters whether they are married or not, are entitled to their legitimate share in the properties left behind by their father as successors in interest to succeed the properties left behind by him upon his intestate death.

b) There is no time limit for claiming partition of property.

c) There is no limitation for it hence they can claim their share in the property even now also.

d) The law of adverse may not operate in this situation. 

e) In my opinion there may not be a situation of adverse possession.

T Kalaiselvan
Advocate, Vellore
80019 Answers
1675 Consultations

5.0 on 5.0

1. Yes, the said daughters of the deceased ttle holder of the property can claim the said property.

 

2. If they can prove that they were not informed about the fact that your father had mutated his name in the land records by filing an application for which they were not called for hearing, they can construct a case in the instant matter.

 

3. Ordinarily yes for 12 years but in the instant case they will  say hat they had allowed you to live therein being relative as they stayed elsewhere being married.

 

4. You can claim adverse possession which might be contested by them stating that you were allowed to stay therein as relative since they were away from the property being married for which it is not a case of adverse possession.

 

5. If possession of a property is taken and kept for a period of more than 12 years against active resistance/objection from the real owner of the property, it is called adverse possession. In the instant case they have not actively resisted your possession for 12 years.

Krishna Kishore Ganguly
Advocate, Kolkata
26835 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

As per the Hindu Succession act, 1956 the daughter will get equal share like son on her father's self acquired property. As if, as per the Hindu Succession (Amendment) Act 2005, the daughter has equal right like son on her ancestral property, if the ancestral property has not partition or alienated till 20th December 2004.

Post amendment of 2005 by Hindu Succession(Amendment) Act, 2005 with effect from 5–9–2005,daughters are entitled to share in ancestral property in capacity of coparcener(A person who shares equally with others in inheritance of an undivided estate or in rights to it is Coparcener)by the virtue of Section-6. This amendment gives right to daughters from 2005 and not merely to daughters who were born after 2005 the daughters have been brought at par with sons and it has removed gender discrimination. If your father has made any Will then the property will be distributed in that scheme after his death. If he dies without leaving a will then the daughters and son are entitled to equal share in his property according to Hindu Succession Act, 1956 as Class-1 heirs.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

As per the provisions of the Limitation Act, 1963, the time limit prescribed to institute a suit for possession for enforcing a right relating to an immovable property is 12 years.

the legal heirs of the original owner are barred by law as per the provisions of the Limitation Act and cannot file a suit today, i.e. 30 years after the property was transferred by the original owner to the subsequent owner. Thus the claim of the persons claiming to be legal heirs is barred.

Mohammed Mujeeb
Advocate, Hyderabad
19037 Answers
32 Consultations

4.5 on 5.0

1. Yes they can file case to claim share from their father's property.

2. if they doesnt have knowledge about transfer then only their claim can be entertained.

3. If they have knowledge about tranfer than limitation period starts from the day when they got the information about transfer of property to your father's name. 

4. The limitation period is 10 years to file suit for set aside the sale deed and claim property. 

5 adverse possession cannot be claimed in this case. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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