Property share of ladies in sale of ancestral property
My family tree is as follows-
late Yashawant [ purchased property in 1876]
! ! !
Late Ramachandra late Laxman - late Vinayak
_______!_____ ______!________ ______ !
! ! ! ! ! !
Late Vasudeo Late 2 daughters Late Shankar Late Surviving Yashwant
! ! 3 daughters 1 daughter !
__!______________ ____!___________ !
! ! ! ! Vidya(65)
Govind(Age 69) Sudha(75) Shrikant(65) Prabha(64) Vijaya(63)
Manda(73) Gajanan(55) Sandhya(60) Vandana(58)
Priya(64) Padma(52) Medha(55)
Asked in Property Law from pune, Maharashtra
If the property is undivided then it is ancestral in character wherein the surviving daughters have a share equal to the share of sons, which they can separate by filing a suit for partition in the civil court.
1)since property has remained undivided for four generations it would be ancestral property
2) daughters have equal share in ancestral property .
Hi, As per latest Supreme Court ruling if the property being an ancestral property and if the father died on or before 09-09-2005 then daughters have no right to claim share in the ancestral property.
Second Condition: Though father alive,if there is any previous partition by way of registered partition deed then also daughters have no right to claim share in the property.
Family tree without the details of who died when and whether the properties were partitioned at any time, whether the ladies were married before the amendment to hindu succession act, whether the fathers of the ladies were living during the the year of effect of hindu succession amendment act, 2005;
All the above details are missing to render any opinion.
1.ladies were married before the amendment to hindu succession act.
2.the fathers of the ladies died before 2005.
now I am sure you will answer the share.
pl note that after the death of fathers the names of ladies were put on 7/12 extract.does it have any effect.
no partition of property is done till today & and we want to now sell the property.
pl let me know.
Asked 11 months ago
1) you did not in your original query mention that father of ladies died before 2005
2) if father died before 2005 as per SC judgment daughters would have no share in ancestral property
3) entry in 7/12 extract is for revenue records for payment of property taxes . it does not mean legal title to property
The marriage date of daughters has no nexus with their right to cull out their share. They should file a suit for partition,
after the judgment of prakash vs phulwati it is settled that if father of the daughters is died before 20 sep 2004 daughters have no right in the ancestral property of father.
entry in 7/12 extract does not cause any legal effect regarding title of the property.
Your question is devoid of details.
Who are those ladies you refer here?
How are you related to any one of the member of the family tree mentioned above?
If ladies names appear in 7/12, who are those ladies?
Whose daughters are those ladies
Your questions and doubts can be cleared by a local lawyer to whom you can give the details along with relevant documents in person.