• Share of Daughter in Family Property

Dear Lawyers, 

I would like to get some clarification on a small issue which is described below.

My extended family consists of my elder brother aged 67 and 2 sisters, aged 54 and 52 respectively. I am 60 years old. My father passed away in 1980 and my mother passed away in 1983. Following their deaths my brother and I affected partition of family property and business in 1991. 

In 1973 my father had acquired 57 acres of property in the outskirts of Mokila, Andhra Pradesh. The property was purchased equally in the name of my elder brother, myself and my mother. Both myself and my brothers were minor at that time. My brother recieved 19 acres, I recived 19 acres and my mother recieved 19 acres. Post my mothers death the property was partitioned between the two brothers equally. 

Until recently, both my sisters did not demand a share in the property. Since August I have been trying to sell this property and now found a prospective buyer. The buyer demanded signatures of my sisters as well and my children as well. 

After approaching my sisters both are demanding a compensation be paid to them as they are entitled to 1/4th share in the property. They have resorted to blackmail and are ready to take legal steps.

My question to you is 

1) Do my sisters have any legal validitiy in their claim? The land is in my name, my father passed away intestate before Hindu Succession Act of 2005. Me being a minor have any adverse impact on my claim to land?

2) What can I explain to the prospective buyers lawyer to convince him to avoid my sisters signature?

Regards
Nitish
Asked 9 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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8 Answers

1. Since this property as bought on three people name, it becomes the joint property of all the three i.e., yourself, your brother and yor mother.

After partition all of you have been allotted with 19 acres of property each.

This indicates that you are the absolute owner and have marketable title to your 19 acres of land alone and this positions equally applies to other two too.

Thus upon yr mother's intestate death, her share of 19 acres of land shall devolve equally on all her legal heirs which consists yo and all yor siblings.

Therefore yor sisters are entitled to 1/4th share out of your mother's share of 19 acres of land which have been divided by you and yor brother alone.

You may pay them an amount in lieu as compensation for the landed property to the extent of their entitlement and gt their signatures in the sale deed.

Your children or your wife do not have any rights in the properties hence the demand for their signatures in the sale deed is unnecessary and unlawful.

2. Legally you cannot avoid the signatures of your sisters in the proposed sale deed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

i t is self acquired of your father . you had no source of funds for purchase of proeprty

2)you father had paid sale consideration for purchase of property in joint names with your mother , you and your brother

3) on parents demise sisters have equal share in property

4) without their consent you would not be able to sell the property . give them one fourth share demanded by them

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

daughters cannot claim share only in ancestral property if father died before 2005

2) judgment of SC is not applicable to self acquired property of deceased father

3) partition has taken place only among sons . daughters were not given any share

4) better arrive at amicable settlement with sisters . if you have paid for maintenance of the property you have also enjoyed the benefits from said property

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your sisters do not have any rights in the property that belong to you vide a registered sale deed on your name

They can stake a claim only in the property that belonged to your deceased parents.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Nitesh

My opinion on your queries are as under:

1) Do my sisters have any legal validitiy in their claim? The land is in my name, my father passed away intestate before Hindu Succession Act of 2005. Me being a minor have any adverse impact on my claim to land?

Opinion: Your sisters have no rights over the properties as they are not entitle to get any share as per the recent Supreme Court Judgment, if you r father died intestate after 2005 then only they can entitle to get their share otherwise not.

2) What can I explain to the prospective buyers lawyer to convince him to avoid my sisters signature?

Opinion: explain the Supreme Court Order and Hindu Succession act-1956, their signatures are not required.

Since the death of your parents was in 1986 which is now 30 years ago, hence they can not claim any share now.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

1) Do my sisters have any legal validitiy in their claim? The land is in my name, my father passed away intestate before Hindu Succession Act of 2005. Me being a minor have any adverse impact on my claim to land?

succession act does not apply in this case because this is not an ancestral property. daughter has right in her father's self acquired property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

2) What can I explain to the prospective buyers lawyer to convince him to avoid my sisters signature?

you were minor when property was registered in your name. your mother did not execute any Will and your sisters are never objected towards ownership or possession in the life time of your mother. you have exclusive right over the property on the ground of possession. your sisters are barred by limitation to claim any right in the property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

you may file a declaration suit and get declaration of your absolute right in the property from the court. thereafter your sisters cannot object and you can sell this property without permission of any person.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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