• Need advice on succession law

Dear Lawyers,

I need an advice on succession law!

Parents has two kids -> 1 Son , 1 Daughter 
Father purchased 4 acres of Land on his name when both (kids) were minors and he died after that.

After few years , Daughter got married and at the time of marriage 1 Acre land and 300 yards plot was given to Daughter (only on words and no paper work) and remaining 3 acres land is shared equally and registered on widow mother and sons name.

After 5 years, Daughter has sold 1Acre land 300Yards property to third party with the help of widow mother and son. 

Now, 10 years later Daughter is asking again for share in 3 acres property. Not sure how Hindu succession law works here. Can you please help me to understand , how son can secure his property now.
Also, will widow mother property will be shared equally ?

Thanks,
Asked 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
By what instrument of law did the daughter sell 1 acre of land to a third party when the same was legally not transferred to her? As per your own statement of facts, the land given to her at the time of her marriage was not documented, which resultantly means that she had not become the owner of this land. Hence, she could not have sold the land of which she was not the owner. Whether any deed/agreement was made between the daughter and her brother and mother? 

Since the land given to daughter at the time of her marriage was not a transfer of land in the eyes of law she can now claim her share i.e 1/3rd share in the remaining land. Son also has 1/3rd share in the land which he can cull out by filing a case for partition. 

The widow mother also has an equal share in the property.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
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You have not answered as to by what instrument the daughter sold the property and created third party rights. This assumes significance in view of the fact that she alone could not have made the sale deed. 

If son has sold and gifted property beyond his own share therein i.e 1/3rd share then such a transfer is illegal and can be cancelled on a legal action being brought by sister or mother. The daughter can move to court and get the sale deed and gift deed cancelled in as much as the transfer of property infringes her own proprietary rights. The court may cancel the transfer of property. It is a fundamental principle of law that nobody can sell a property beyond his own share therein.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
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1) as rightly pointed out by Mr Davesar daughter could not have sold 1 acre of land . no gift deed was made nor land transferred in her name . without consent of other legal heirs daughter could not have sold 1 acre of land 

2) daughter would have  1/3rd share in 3 acres of land . 

3) son cannot sell or transfer or create third party rights in balance land without consent of his mother /sister . gift in favour of his daughter and sale to third party can be challenged by other legal heirs if it is more than his 1/3rd share
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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was payment received in daughter name? was it by cheque?
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
In the earlier part of your query you had mentioned that daughter has sold the property, whereas now you have stated that mother son duo sold the property. Be that as it may, there is a cloud over the transfer of property in as much as even mother and son could not have made the sale deed. Although without a threadbare perusal of the related documents it is not possible to say anything concrete, nonetheless it is possible that the ownership may not have even passed to the purchaser, which may open the floodgates of litigation by the purchaser. 

If son believes himself to be the victim of fraud/cheating then he should move to court and file a case for cancelling the transfer of land made by daughter and also to cull out his own share therein.

How are they trying to cheat the court if no litigation respecting the land in question is pending in any court?
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
If the amount was paid in cash then the property cannot be said to have been sold by the daughter.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
on paper all three of you sold the property not daughter alone. so as on today legally she has 1/3 of share in left over property
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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it cannot be said property was sold by daughter only . you have no evidence of payment made to daughter . your case that 1 acre was sold by daughter is not borne by facts on record .
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
thanks for your appreciation . best course fpr you is to involve family elders to reason with your sister
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
Deed of family settlement should be prepared . get it duly stamped and registered .
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0

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