• Legal right of daughter in acquired property sold prior to 2004

My Grandmother (had two son and a daughter) purchased 7.75 dismil land in 1984. She passes away in 1999. In 2001 one of her son (my father) sold 4 dismil land in Rs 50000.00 by declaring own share. He left 3.75 dismil for my uncle.
1. Whether sister of my father can claim for her share in proerty sold during 2001 (prior to 20.12.2004) by my father. 
2. Still remaing land of 3.75 dismil is on my grandmother name than who can be present claimant in that left land.
Asked 10 months ago in Property Law from Sitamarhi, Bihar
Religion: Hindu
1)on your grand mother demise your aunt ie father sister had one third share in said land 

2)your father could not have sold 4 dismil land as he had only one third share in total land 


3) your aunt can claim share in land sold by your father . she cna move court to set aside sale by your father in excess of his share 

4) for the balance land your aunt would have share 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. The sisters of your father can not claim share in the property of your grandmother who died intestate before the year 2005,

2. The remaining area of land will be owned by your Uncle,

3. Your father and brother should now execute and register a settlement deed by mutually dividing their share of their mother's property.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
Hello,
1) The Hindu Succession Law is not applicable in determination of  property rights of self acquired property of an ancestor. It is applicable to ancestral property which has been handed down generations after generations.

2) Therefore in your instance if the Grandmother passed away intestate all three children would be entitled to an equal share in the absence of any other heir.If your aunt chooses to stake a claim she can do so in respect of the portion that your father already sold and the one that remains in the name of the grandmother.
 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi, as the property is the self acquired property of grand mother and she died interstate so all the legal heirs have right over the property including daughter of the grandmother.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) you should pay her one third share of sale proceeds with interest at 12 per cent or so from 2001 till date 

2) sake would be set aside in case ain't moves court in respect of her share in land 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. She is not entitled to the share of the said land as per the recent judgent passed by the Supreme Court,,

2. So, there is no need for any division of the sale proceed to be given to her.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
Hello,
1) As she is an equal heir in the property her share would be proportionate to the share she has in the entire property.Therefore either the Rs.50 000/- has to be divided into three equal parts and the remaining property as well be divided equally or she has to be given an equal share in 50000/- and the undivided property presumably left for the uncle be partitioned in her share as well.

2) The matter of determination as to whether she will receive just a share in the 50,000/- with interest, the sale would be set aside and a partition be ordered ar all to be decided in a court of law. Even after the aunt files a suit  for her share in  the court there can be a settlement out of court in all these matters.

3) As the sale occurred several years ago and as no legal recourse was taken by your aunt she will have to get the delay condoned in filing a suit now and the litigation will take long and it won't be easy to get the sale cancelled. Considering this an out of court settlement is the best way ahead which will help avoid expending time and money.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
This was the self acquired property of your grandmother, so on her demise all her heirs i.e her widower and children including daughters succeeded equally thereto. So the sister can claim her share in the undivided land and also challenge the sale made by your father in excess of his share. The date of sale or demise of your grandmother is immaterial. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
The sale deed can be cancelled in entirety by the court as the property was undivided as on the date of sale.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Hi, if your aunt want her share then let her approach to court and let the court will decide what is her share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Whether sister of my father can claim for her share in proerty sold during 2001 (prior to 20.12.2004) by my father. 
If this was your grandmother's own property, then upon her intestate death the property shall devolve equally among all her legal heirs.  Therefore your father without identifying his share in the property or proper partition of the same cannot sell a major portion of the property left behind by his mother on his own without allotting the sale consideration to other legal heirs. 
The question of a daughter entitled to a share prior to 20.12.2004 in this case shall not be applicable.  She is entitled to share from her mother's property as her legal heir as per the Hindu Succession Act originally enacted in 1956 giving equal rights to the daughters in the property left behind by their parents who died intestate.
Therefore your father's sister is entitled to a legitimate share out of her deceased mother's property. 



2. Still remaing land of 3.75 dismil is on my grandmother name than who can be present claimant in that left land
All the three legal heirs of your deceased grandmother, i.e., her sons and daughter are entitled to an equal  share  out the property containing 7.75 dismal, therefore an amicable solution can be arrived by sorting out the issues within themselves to avoid prolonged litigation 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
If so than if aunty (father's sister)  is asking for payment than what amount should be payable to her
50000/3 with/ without interest or current market price of land. If set aside will be effective than only for aunty share or whole sale deed will be cancelled.
If the aunt is asking for her share of sale consideration amount, it would be better to disburse her share amount because though the sale deed insofar her share in the property is cancelled, the entire sale deed has to be canceled and fresh sale deed has to be executed.
Think properly and take wise decision at a right time. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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As per the law in Telangana the position is like this.  In some state the law will be slightly differs. 

All the three i.e. two sons and daughter are entitled equally.  Your father is entitled to sell only 1/3 of 7.75 dismil.  But your father sold more than he has.  Hence, the difference amount should be given to your uncle and aunt equally. If your aunt is not willing to take her share, she can give registered relinquishment deed to your father and your uncle to the extent of her share.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0

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