Will Sec 8 of HSA 1956 applies or reg partition deed is protected by Article 110 of Limitation Act
Basavaiah had a self acquired property of 100 guntas, but he died interstate ie without a will. (Basavaiah had 10 children, 5 sons and 5 daughters).
As per Hindu Succession Act, when father dies interstate, his self acquired property will devolve equally among all class 1 heirs.
But in the given case, entire property was transferred to his widow wife in 1978.(nothing was given to sons or daughters).
In the year 1999, mother, along with her 2 sons and 3 daughters, sold 40 Guntas of land through a registered sale deed. Please note that in this deed there was a clause mentioned saying, 60 guntas of land was left behind to remaining 3 sons. As said, to this deed, 5 children, (ie 2 sons and 3 daughters gave their signatures).
Then in the year 2000, (based on the clause mentioned above), remaining 3 sons made a partition deed sharing the remaining 60 guntas of land equally, and the partition deed was registered. (To this deed only the above 3 sons signatures were received, no other 7 children signed).
In the present year 2023, I'm going to purchase 5 guntas of property from 1 of the 3 sons.
Please advise me whether I can go ahead with the purchase?
Will the daughters be able to claim their share because they were given nothing, and as per Sec 8 of The Hindu Succession Act, when a father dies interstate, his self acquired property must be shared equally among his class 1 heirs including daughters?
Or will the 3 sons be protected because in the registered sale deed of 1999, 2 sons and 3 daughters agreed to leave behind 60 guntas of land to remaining 3 sons. Will this not act as a relinquishment of right by these 5 children?
Again, will the sons be aditionally protected from Article 110 of the limitation act as the remaining 2 daughters had the knowledge of the said sale in 1999 and registered partition in 2000, and 23 years have been passed ?
Asked 4 months ago in Property Law
Continuing from the above query, please note that after the registered partition deed in 2000, even though only the mother and concerned 3 sons signed to it, all the revenue records, be it RTC, RR, ILR, Mutation Records, 11E, aakarband, Katha extract, Survey documents, all confirm that the 1 of 3 sons from whom I'm purchasing the property is the absolute owner to 20 guntas. There is also a separate survey number to his name as represented by above records. Neighbors also confirm the same and the son claims that all the remaining children have complete knowledge that he has built up records and is in separate, continuous absolute possession, openly, uninterruptedly on the said 20 guntas, and no dispute is raised to the same by them in these 23 years.
However, I have enquired with the seller(one of 3 sons) and he confirmed that he will be able to get only those left out 2 daughters to sign on my sale deed as he was their guardian when their father died.
So my query remains is,
1) whether getting those 2 left out daughters (who were left out from the sale deed of 1999 and partition deed of 2000) signatures on my sale deed, saying they have no objections to the said sale and won't raise any dispute in the future, enough to make my title clear?
2) whether the remaining 5 children(2 sons and 3 daughters) won't be able to raise any dispute since they signed to the clause in the registered sale deed of 1999 saying, 60 guntas, 20 guntas each will be left out to remaining 3 sons? (This may surely act as some sort of relinquishment of their right on remaining 60 guntas or might act as they have already taken their part of share in the property by signing on the sale deed on 1999?)
I humbly request to please provide your valuable opinions on above 2 points.
Asked 4 months ago