• Partition of fathers self acquired property

Can daughter file partition suit for self acquired property of father who died 25years ago and some properties are alien by brother but not on registrations and some are still in the name of father
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

Yes, if the father dies intestate.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Daughter is at liberty to file partition suit for self acquired property of deceased father

 

2) seek injunction restraining brother from selling the properties 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

The answer is No, because  in view of Hindu Succession  amendment Act  effective from September 2005 .

Prior to September 2005 Hindu Succession Act did not allow daughters to have claim over the property of father. 

After September 2005, all daughter got entitled to receive their shares as legal heirs in the property of deceased father. 

In your case , your father died 25 years ago, hence the answer is NO for you as per the amendment made and caused effective from September 2005.

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Definitely. Since some of the properties are still in the name of your deceased father, daughters have equal rights on par with her brothers.

2. To initiate the process, send a legal notice for partition of the property to your brother/s and if you do not get a positive response, file for partition, declaration and separate possession of the property by metes and bounds.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Yes daughter can file suit for partition 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Both daughter and son have equal rights in self acquired property of father in which the date of death of father has no consequence. 

Therefore the daughter can now file a suit for partition.  

If the earlier sale transaction was not registered then its easier to get back those through the present partition suit provided the sold out property was beyond the share to which the brother was entitled to. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

The daughters are very much entitled to claim their legitimate and rightful share out of their deceased father's property equally at par with the sons.

If they refuse for amicable partition,  you may file a suit for partition to divide the property equally by metes and bounds and to allot on such equal share to you. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Yes, she can file a partition suit as both son and daughter are entitled to equal shares in father's self acquired property, and he has died without making a will.

The right procedure would be to first issue a legal notice demanding amicable partition. If the son fails, the daughter can institute a suit. 

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Hi

1) Yes, since the properties were self acquired properties of the father, the daughter is a class I heir and section 8 of Hindu Succession Act will be applicable.

Daughters also have acquired the right to claim a share in ancestral properties of the father vide amendment brought in the year 1986 by Shri.N.T.Rama Rao. 

2) Since your brother has alienated some properties without registrations and that some properties are still in the name of the father, the daughter can file the suit for partition, rendition of mesne profits(income derived from properties and retained by brother) under Order VI CPC.

3) Though your father died 25 years ago, since the alienation has happened without registration and also that some properties are still in the name of the father, you can file the partition suit now and should include all the properties (including alienated properties) in your plaint schedule properties.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Daughters have share in father self acquired property. But partition suit may barred by limitation.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

- Yes, a daughter can file Suit for Partition , if the property is self acquired and undivided. 

- After issuing a legal notice , she can file the same. 

- Further , after filing a Suit for Partition & Permanent Injunction , daughter can get her equal share and restrained the brother for selling any property till the order of the Partition.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

As the partition hasn't happened and the sister is a legal shareholder she can apply for partition of the property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes she can file the suit. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear Sir,

Father has not written a will and the properties are not partitioned earlier, the said partition suit can be filed by the daughter. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

if father died intestate then daughter can claim equal share in Father's self acquired property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes daughter can file partition suit against her brother for claiming share from properties of father even after 25 years of father death. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes, daughter has to give notice to her brother seeking partition of the property of father, in case if he died intestate i.e., without bequeathing his properties by way of Will or transferring by way of other modes.

If it is not complied, suit for partition has to be filed seeking her  share by metes and bounds and also file an interim application seeking direction from court against brother from selling or creating third party interest in the property till disposal of the partition suit.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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