Sister right on father's self-acquired property which is sold
Summary: Sister's Right (Hindu) on father's self-acquired property which is already sold/alienated by brother.
1) Hindu family from Karnataka.
2) Property is self-acquired (in 1929) father’s property
3) Father dies intestate (without will) before/in 1983
4) Father has survived with One son and two Daughters.
5) Son (Brother) gets father's self-acquired property transferred to his name by inheritance in 1983.
6) Daughter's/Sister's marriage happens before 1991.
7) In 2003, Brother sells 3/4 of the property (in the form of sites/plots) without Sister's knowledge.
8) In 2016, Sisters (2) files court case (against her brother & site/plot owners) to claim their share.
Q1) Can sisters claim the share from sold/alienated property (sold by brother) which was self-acquired by her father?
Q2) What's situation of the present owners of sites/plots w.r.t Sister's court case?
Please clarify/suggest the way forward considering above-presented case/situation, HSA 1956, HSA 2005 amendment act.
Asked 12 months ago in Property Law from Bangalore, Karnataka
1. Sisters can claim a share out of their deceased father's property
2. They have to defend their position and interest in the property by lawful manners.
The legal heirs have equal right over the father’s self-acquired property. So Sister have share on the property. In your query In 2003, Brother sells 3/4 of the property (in the form of sites/plots) without Sister's knowledge. So the other undivided share in the property can claim sisters. The site owners can also claim the ¼ property right .
1. The date of marriage of sister is immaterial if the property in question is the self acquired property of father. On the intestate demise of the man his property devolved through succession on his widow and all children equally.
2. The daughter can file a suit for partition to cull out her share in the properties of her deceased father. However, as the property has been alienated by her brother she will have to challenge the alienation and seek the cancellation of sale deed(s) executed by him.
3. The present owners can defend their title on the ground that they purchased the property bona fide, but this will be a weak defence as they ought to have conducted due diligence before purchasing the property to ensure that the title of the seller is free and marketable.
on father death his son had only one third share in property
2)i presume father died intestate ie without a will
3)property could not have been transferred in his name without consent of his sisters
4) sisters have equal share in sale proceeds of sites sold by brother
5)present owners cannot sell the sites during pendency of court case if injunction has been granted by court restraining creation of third party rights
1. Sisters can very well claim their share in their father's property who died intestate even if those properties have been sold to third parties.
2. The present owners of the sites/plots have not verified about the details of the legal heirs of the actual owner of the property for which they will be in a legally weak stand now.
3. It will be prudent on the part of the said buyers of the plots to negotiate with the said sisters and settle the matter amicably by entering in to a a valid agreement.
1) Since the property is a self acquired property of your father and the succession opened in the year 1983 on the date of demise of the father, Hindu succession act 1956 will apply.
2) It appears that the father did not leave any WILL and hence the property will devolve as per Section 8 of Hindu succession act 1956.
3) In accordance to Hindu succession act 1956, daughters are class I heirs along with son and mother and hence the father's property will be divided equally amongst the son, daughters and the mother(if mother is alive).
4) So the daughter's have equal claims as the son in the self acquired property and can challenge the transactions undertaken by the son in the year 2003.
5) However the son and the buyers of property can always contest (not necessarily WIN) on the grounds of Limitation as more than 13 years have passed since the land was sold by the brother to the outsiders and the sisters have maintained stoic silence for all these 13 years and hence contest the suit filed by the sister.
6) So the sister has a right and if the sister can prove that she was totally ignorant of the transactions undertaken in the year 2003, then probably she can claim her share from the son.
Hope this information is useful