• Daughter's right in father self acquired property, father died 1993

Father died in 1993 no will is there, son has possession but its renting property,
supreme court ruling daughter & father must alive on from commencement of act 2005 

can daughter claim partition in court, how rent can be stopped since consent is not taken by other members, only a person is taking rent from said property 

it should be divided among members
Asked 11 months ago in Property Law from delhi, Delhi
Religion: Hindu
1) daughter has equal right in self acquired property of father 

2) daughter can file suit for partition to claim her share in property 

3) judgement of SC is applicable only to ancestral property 

4) seek deposit of rents in court
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) If the property left behind by your father is self acquired all legal heirs would be entitled to an equal share in the property regardless of who is in possession or who collects rent.

2) The rules of succession and subsequent amendments affecting the rights of daughters in 2005 would be applicable only for property that is ancestral and accrued by birth.
3) You can file for partition and at the same time get an injunction against the pepsin in possession against alienation and get the rent deposited in the court until the suit is disposed of

4) Engage a lawyer locally to assist you in filing the suit. You can send a legal notice seeking partition and if that is not complied with proceed to file a suit.

S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Because of the said Supreme court order, daughter will have no share on her father's property if he has died before 2005,

2. So, there is no use filing the partition suit by the daughter whose father  has died before 2005 for partitioning her father's property.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
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Hi, The Supreme Court ruling will not applicable to your facts and circumstances of your case it was applicable to ancestral property and not self acquired property.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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The much talked about Supreme Court ruling applies only to ancestral properties. So if the property is self acquired then all his heirs i.e widow and all children succeed equally thereto. The daughter is thus at liberty to file a suit for partition to cull out her share in the property. She can seek injunction against the lease of undivided property.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
If it was self acquired property or his own and absolute property of the father, then the daughter is having equal rights not only in the property but also in the revenue that is generated by the property.
The supreme court ruling referred by you is not applicable to this subject. 
That ruling is for the ancestral property partition alone.
In this you can seek partition with separate possession of your share along with share in the revenue or mesne profits. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1) On demise of father and mother each daughter has one third share in property 


2) Mere affidavit by sisters does not amount to relinquishment of interest in property . Court has held there is no evidence of mutual settlement 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1. can sisters revoke affidavits ? one time consent (all mother & sisters) given to civil judge but during time mother death
took place, judge asked again come for photograph & consideration after nobody was appear to pursue case

now all sisters need share 

If they are not registered relinquishment deed, the sisters can very well oppose to the affidavit for having obtained it under pressure and may disclaim it for the sake of seeking partition and separate share in the property.



2. mutual settlement that brother is only owner, but refused to get municipal entries accordance with family settlement then suit was filled
(basically there was not mutual settlement) judge asked who where present time of family settlement, failed to proof 
Thus it is clear that there was no family settlement.  Therefore any claim on that basis shall stand invalid. 



3. if brother produce any fake mutual settlement in which sister has no right in property now what to do?
 
now brother orally tell will give share but certified copies was taken in 2015, something is wrong
what is sisters right?
The burden lies on the brother to prove the fake deed beyond doubt and to convince the authenticity before the court.  However law says that the daughters have equal rights in their parents properties who die intestate. Therefore the daughters can ignore the said mutual settlement deed (unregistered) and go ahead with the partition suit. 






T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1.The daughters will get their mother's share of the property. Did mother write any will giving living rights to the daughters till 2002? If yes, then son has to take probate of the will. Telling people by mother who will be the owner in the year 2002 will not do without executing a will. Affidavit can not be revoked. It can be argued that the suit for which the affidavit was executed has been rejected hence the said affidavit has lost its force,

2. If the son failed to prove family settlement then the sisters can claim their shares now,

3. If brother produce any fake mutual settlement document, challenge it strongly. Certified copy of which document you are referring to? Sisters have right on their mother's share of the property.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
1. It is your case that suit was dismissed by the court, so the affidavits filed therein also became infructuous as there was no decree passed by the court. Ant of the legal heirs can file a suit for partition to separate his/her share from the property. 

2. If any forged instrument is set up then a suit for declaration of it being illegal can be filed by the sisters. Unless there is a relinquishment deed executed nobody has lost his share.













Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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