• Clarification related to estate

Sir, i have 2 acrs of DKT land in andhra pradesh, the above land is obtained through registered will by my father in july 1996, but the land mutate on my name before the death of my father, now my 4 sisters claiming, we are also share holders, is am i the owner or all are owners
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

If the land was a self acquired property of your father and he transferred it to you before 2005 then your sisters cannot have any claim over the property.

Even if it was an inherited property then too the transfer was effected before 2005. Their claim is baseless.


In your case the transfer is through will. Therefore they cannot claim anything.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. In case of ancestral property, a daughter now has a share in it by virtue of birth, consequently, in your case, your sisters can claim their share.

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

On father demise intestate you and your siblings have equal share in said land 

 

they can file suit for partition for division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

1. IF you have received the property via Father's registered WILL of 1996 and the property is duly mutated /transferred in the Revenue records in 1996 (or thereabout period), THEN you have become the permanent "absolute sole title owner" of the property, without any exceptions, whatsoever.

2. Sister CANNOT claim any share in your property in anyway whatsoever.  However sister's to have any claim of any kind, have to challenge the registered Will of Father, which now is not possible after 24 years.

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

 As per Supreme Court , now a daughter whether married or unmarried is having equal share in the Ancestral property i.e.  an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. 

- Further , the daughter would not get property rights if the father died before the amendment came into force. 

- Since, the said land was transferred in your name in 1996, and mutated before the death of your father, ie. 2005 , hence your sisters are not having any right to claim over the said land. 

Mohammed Shahzad
Advocate, Delhi
13282 Answers
198 Consultations

5.0 on 5.0

Sisters are disinherited by father. Check - language of Will is unanomoulous and attested by 2 witness.

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

As already answered..

You are the sole owner 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. You are owner of land as it was transferred to your in mutation records before death of father and also through registered will of your father.

2. Your sister's cannot claim any share from this land

3. You should ask your sisters to file suit if they want share from the land. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Your father's registered Will shall come into force only after his lifetime and not during his lifetime.

Or if your father had acquired the property by a registered Will and then he or you got the property mutated to your name without any registered document to prove the transfer then it can be considered as that your father died intestate.

Therefore upon his intestate death the property shall devolve equally on all his legal heirs consisting his wife and all children.

If your mother is not living then then you and your siblings shall have equal rights in the property.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2209 Consultations

5.0 on 5.0

If its your fathers self acquired property and he has bequeathed the same through will then sister can't seek share in the same after father's death

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

This ought to be answered by an AP based lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Sir/Madam,

After mutation of land on your name, you are the owner and you are suggested to respond strongly to the move of sisters. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You sister can only claim a share if the property was a coparcenary property and not a self-acquired property. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

if the land is transferred to you by your father in his lifetime by a registered document, then you become its owner and your sisters cannot claim in it

if there is no registered title document in your name, then your father continues to be the owner and your sisters can claim their share

Yusuf Rampurawala
Advocate, Mumbai
7523 Answers
79 Consultations

5.0 on 5.0

Mutation of land in your name before your father's death is not valid.

If your father died intestate you alongwith your other sisters are entitled to equal share in the property left by your father.

You can file suit for partition to divide the property equally among all the siblings and one such share to you after dividing it by metes and bounds.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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