• 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 9 months ago in Property Law
Religion: Christian

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11 Answers

Kindly clarify how was property transferred in nabe of mother ?

 

2) did sons and daughter execute any registered gift deed or relinquishment deed for their share in property 

 

3) in respect of sale  deed of 1999 2 daughters have admittedly not signed 

 

3) registered partition deed of 2000 does not bear signature of 7 children .it can be set aside by court 

 

4) daughters can file suit to claim their share in property 

 

5) 2 daughters would take the plea that they were not aware of sale deed and partition deed 

 

6) don’t purchase the property 

Ajay Sethi
Advocate, Mumbai
94934 Answers
7575 Consultations

5.0 on 5.0

The sale deed in 1999 confirm that there was an understanding that 60 guntas shall belong to three sons and other remaining interested 5 children too confirm the understanding. Later in continuity and furtherance in 2000 three sons too made partition and neither said sale deed nor partition deed was ever been questioned by other sons daughters and this very fact confirm partition and understanding. No claim now after 23 years sustain. So you can go ahead with purchase.  

Siddharth Srivastava
Advocate, Delhi
1252 Answers

5.0 on 5.0

Dear Client,

In 1999, a sale deed was executed, clearly outlining an arrangement allocating 60 guntas of land among three sons, which was also acknowledged and confirmed by the remaining 5 children. Subsequently, in 2000, the three sons conducted a partition among themselves, and it's noteworthy that neither the sale deed nor the partition deed faced any challenges from the other sons and daughters over the span of 23 years. This unchallenged passage of time serves to firmly establish both the partition and the original agreement. Given the absence of current claims, there is a robust foundation to proceed with the purchase.

Anik Miu
Advocate, Bangalore
9020 Answers
110 Consultations

4.7 on 5.0

Yes daughter can claim the same. But if you can challenge the same in limitation law but chances for success is less as the said amendment is beneficial legislation for receiving share of woman in family property

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

Purchase of Property: Before purchasing any property, it’s crucial to conduct a thorough due diligence process. This includes verifying the title deeds, checking for any encumbrances, and ensuring that all property taxes have been paid up to date. It’s also advisable to consult with a legal expert before proceeding with the purchase.

Claim by Daughters: As per the Hindu Succession Act, when a father dies intestate, his self-acquired property must be shared equally among his class 1 heirs including daughters. However, in your case, it appears that some of the daughters and sons have already relinquished their rights to the property through the registered sale deed of 1999. This could potentially act as a relinquishment of right by these 5 children.

Protection for Sons: The sons could potentially be protected by Article 110 of the Limitation Act if the remaining 2 daughters had knowledge of the said sale in 1999 and registered partition in 2000, and 23 years have passed. The Limitation Act stipulates that any person who has been in possession of a property for an uninterrupted period of 12 years can claim ownership through adverse possession.

Sukumar Jadhav
Advocate, Mumbai
33 Answers

Not rated

1. There appears to be some dispute may arise at a later stage, hence you better obtain a legal opinion from an experienced advocate.

2. Daughters are also entitled to an equal share in the property.

3. The registered partition deed will not prevent other shareholders to seek partition.

4. There's no limitation to claim partition.

T Kalaiselvan
Advocate, Vellore
85135 Answers
2218 Consultations

5.0 on 5.0

Disputed property with void partition. Other legal heirs have equal claim especially 2 daughters.

Will this not act as a relinquishment of right by these 5 children - Nops but they have claimed their share. 
Partition is recurring cause of action, daughters can claim partition but limitation is 12 years to file partition suit,
2 situations - dispute may come.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

1. They should execute a registered release deed  relinquishing their rights in the property.

The other legal heirs who have not been allotted with any share also have to execute a similar deed.

2. The left out legal heirs have also to relinquish their rights in the similar manner

T Kalaiselvan
Advocate, Vellore
85135 Answers
2218 Consultations

5.0 on 5.0

If 2 daughters state that they have no objections to sale and execute relinquishment deed for their share  in property you have clear and marketable title 

 

2) other children won’t be able to raise any dispute 

Ajay Sethi
Advocate, Mumbai
94934 Answers
7575 Consultations

5.0 on 5.0

In order to formalize the transfer of rights in the property, the concerned parties must proceed with the execution of a registered release deed. This document will effectively relinquish their respective rights to the property. It's important to note that even those legal heirs who haven't been allocated a share in the property are also required to complete a similar procedure by signing a comparable deed. Similarly, any remaining legal heirs who haven't yet participated in this process must also follow suit by formally relinquishing their rights in a manner consistent with the established legal procedure.

Anik Miu
Advocate, Bangalore
9020 Answers
110 Consultations

4.7 on 5.0

All the legal heirs can raise a dispute if they were not having knowledge you can raise limitation to defend and deny their claims 

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

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