Daughter has no claim in property partitioned by grand father in 1981
2) order was passed in 1981 suit filed after 40 years claim of daughter is barred by limitation
Daugher can clain her share in ansestral property if partioned in 1981 ?
This is about anscestral property in pune maharashtra. Anscestral property was on name of great grandfather. He died in 1947 . Property got transferred on Grandfather name in 1947 by inheritance. There are following members after grandfather 1) grandfather 2)grandfather sister 3)grandmother 4)three sons 5) one daughter Total property was on grandfather name from 1947 to 1981 . During this period Grandfather bought some property . Application for partition of land was given in Tahshil office in 1980 and partition of land (watap patra) done by tahasildar by order and partition done in 1981 as per tahshildar order . As per Tahshil order anscestral land is patrititioned and share given to following members Total land property devided in three parts e.g. A ,B ,C Property A given to Three sons and Grandmother equally. Property B given to Grandfather sister fulley. Property C kept with Grandfather for himself. In 2013 Grandfather did registered partition on two sons . But no share is given to daughter in watap patra (partition)in 1981 . Now in 2018 daughter has put partiotion suit in court for equal share in anscestral property ( A+B+C). Case is in the court since 4 year and no stay has been by court till today. What law says about daughers claim in property? Request all to give answer to this question please.
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
The property originally belonged to great grandfather was inherited by his son and only surviving legal heir as successor in interest. Therefore after succeeding to the estates of the deceased the grandfather has become an absolute owner with clear and marketable title on his name over the entire property left behind by his deceased father. Now it became his self acquired property.
Thus your grandfather in the above context being the authority over the property he inherited asd absolute owner, had divide the property as per his desire and will and wish through the revenue department into three shares as described in your post.
The beneficiaries of the above partition by virtue of the said partition become absolute owners of their respective shar in the property with clear title on their name.
The daughters who have filed the suit for parition have no rights or interest in the property due to the reasons stated above i.e., since this property is considered as self acquired proeprty of the grandfather and by the virtue of subsequent partition made by him in the year, this property will not come under the category of ancestral property, thereby the litigant who has filed the property dispute before the court is actually not entitled to any relief more so the partition relief, therefore the suit filed by her is not maintainable in law and you can get it dismissed if fought properly ion merits and documentary evidences in your support
Dear client, as per the Amendment in Hindu succession Act, daughter and son have equal right over the ancestral property of the father. Moreover, it does not matter whether the father was alive or not in 2005, when the Hindu Succession Act 1956 was amended to give equal rights to the daughter in her father's property.
1. When the ancestral property has been partitioned by the Tehshilder, it no longer remained ancestral property.
2. Grandfather, being the title holder of his said properties, can do whatever he feels like doing with the same including gifting the same to his sons for which no body can raise any objection.
Yes daughter can claim a share
She can claim under amended section 6 of the Hindu Succession act which was amended on 9.9.2005
But this amendment does not disturb lawful partitions which have taken place prior to this amendment
As the property is already partitioned there is nothing left for the daughter to claim now
When the partition took place in 1981 there was no law that gave equal rights to daughters to HUF property
If it's registered partition of self acquired property then no. Ancestral yes
