If there has been legal partition registered then daughters will not have share.
Property
Sithama father property after he died she got that property(inheritance) after she gift deed(1969) to her son (name vekatahai) after vekatahai(male) partition deed(1980) to his two sons (Ramesh and ganesh) after ramesh share property some property sale deed(1998) to his son( jagadesh minor)guardian to her mother and Ramesh has two daughters also after (two daughters) are married in 2003 daughters aren't joint family she(two daughters) as any rights in father(Ramesh share)property? & Ramesh sale deed to his son valid?And two daughters has any rights in father(ramesh) property? please answer the question
Asked 4 years ago in Property Law
Religion: Hindu
22 Answers
Yes,Definitely.
All are legal heirs. Every one has equal rights in the present matter as per Hindu Succession Act.
Property since beginning is Ancestral property which cannot be bequeathed to anyone.
The property is Ancestral. Please file partition suit making every one party to suit and get the property divided equally to all legal heirs as per Hindu Succession Act .
Sale deed is valid
2) daughters have no rights on the property
3) Ramesh could have sold the property during his lifetime
2) it is not ancestral property
1. IF Vekatahai had executed a partition deed in 1980 to his two sons Ramesh and Ganesh, THEN "AFTER" partition each partitioned property becomes "self-acquired property" at the hands of Ramesh & Ganesh. AFTER partition, such property does NOT remain inherited /ancestral property.
2. By virtue of above, Ramesh has absolute right to Sell /Transfer /Gift /Donate /Mortgage /whatever .... to ANYBODY without any legal reference to his legal heirs.
3. IF Ramesh dies intestate (without making a WILL) THEN all property in name of Ramesh, at time of his death, shall be EQUALLY distributed to all his residual legal heirs.
Dear sir,
Yes daughters have a right in the share of fathers property either born before 2005 or after daughters are eligible!!
Daughters are allowed in the share of Ramesh sale, as per the Indian Succession Act Class I heirs list. as a Ancestral Property.
Ramesh becomes absolute owner of the property he acquired through partition along with his sibling.
Therefore it is his discretion to transfer his share of property to anyone of his choice and decision.
The daughters of Ramesh do not have any rights in the property at least not during his lifetime.
- As per law, 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 Supreme Court has recently said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.
- In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.
- Hence, if Ramesh died before 2005 , then the daughters cannot claim any right over the property.
- His sale deed to the son is valid, as the property was self acquired and not ancestral.
Sethama father' property after Sethama gift deed to son (vekatahai)Vekatahai and his sons patition deed after Ramesh got partitioned deed property (1980) in one survey no 680 ( 0.50 cents) after his son (jagadesh) sell her property to third parties(vekatesh) write agrement 1/2 share of 0.50 cents on 2018 after third parties filled suit court(2019) on vekatesh vs jagadesh for registration third parties got states ko order after third parties occupied land 25 cents out of 50 cents) my son(jagadesh) and third parties are colluded recently ramesh know it ( third parties filled suit) after ramesh(father) will not sale that land ( status ko order) in registration office after next step ( we will fill implead petition ? And we will file apeal (district court)status ko order? And son he has right to sell 1/2 share(agreement) his father(ramesh) property valid or not? Please answer the question and give me suggestion remove status ko order
Asked 4 years ago
Can you Please furnish or discuss status quo order of the court in this post to guide you validity of 1/2 share agreement?
Property which has remained undivided for four generations is ancestral property
2) in present case seethama inherited property . It would not be ancestral
3) further partition of land has taken place
4) until status quo order is in force no third party rights cna be created
For removing status quo order, you may have to file a petition before the same court praying to vacate the temporary order.
If the trial court is not entertaining the petition then you may prefer a revision against the decision of the trial court before high court.
Yes share of son is valid.
Dear sir,
From venkatalai ramesh and both have partitioned by virtue of partition deed ramesh acquired 50 cent in sy no 68; after partition ramesh is the owner for that 50 cent property now ramesh has not partition to his son jagdish no clarity on that. However if ramesh is alive then he is the owner to sell the property if ramesh is no more and after him there is an IHC in which jagdish son of ramesh became the legal heir of the property in such a case he can sale the property with full fletch legal right ; however for 25 cen there is ab status quo order you cannot do anything to that 25 cent other 25 cent if the scenario as explained is your fact then you have a legal right to sell the rest 25 cent of property!!
if property registered in son name then daughter dont have rights in said property. .
A status quo order is an order for maintaining the status of the disputed property as it is. This order is granted to maintain peace and harmony between the parties to the suit.You can remove the status quo order by-You may make an Application for vacating thestatus quo order, if the order has been pronunced ex-party or you may challenge the order of status quo in an Appeal in the higher court.
Ramesh wife mother(name jayamma) property after his wife died (1985) after jayamma died(no will) (1987) ramesh as one son and daughters after ramesh again married (1986)after ramesh( jayamma property) sell one house to third parties on 2011 after his son and daughter fill suit (court) --- 1)ramesh sale property is valid or not? And 2)Ramesh has any right in jayamma property (wife mother) or not??
Asked 4 years ago
It is necessary to peruse suit proceedings filed by son and daughter to advice
2) sale by Ramesh would be valid if he was sole owner of property
Yes, the sale made by ramesh is valid.
Yes he has a right only in his wife's share
without consent of son and daughter sale deed is invalid.
Sales deed or gift deed executed by ramesh in favour of his son is valid and daughters cannot claim any right in that property.
- What suit is filed , and in the absence of any WILL , further transfer by Ramesh is not valid.
Dear sir , your query is not clear to reply further,
Ramesh is entitled to a share out of his deceased wife's share in the property provided she acquired the same.
If not, if she was entitled to any share out of her mother's property, in that her husband as one of the legal heirs is entitled to only one share at par with his children, he cannot sell the entire property, it would be considered as an illegal act.