Sister's Right (Hindu) on father's self-acquired property
3 years ago
A family in Telangana, Father, Mother , two sons and a younger daughter
Father self acquired property in 1960.
Father died before 1972, when the daughter was 5 months age and there is no will.
Daughter got married in 1990.
Mother Died in 1993
After that, these two brothers transferred fathers self acquired property among them as 50/50 share before 1995. Without letting Sister know about that.
Later Elder brother sold 50 % of his share in 2004 and died.
In 2020, can Sister file a case to claim her share of Fathers self acquired property on brother and widowed Sister in law?
And what will be her share?
P.S. CHANDRALEKHA
Responded 3 years ago
A.NO. Daughters were made equal shareholder of family property in 2005. so clearly you can't file a case now.
Helpful
Helpful
Share
A.Hi
Since the land was purchased by the father in the year 1960 after passage of Hindu Succession Act, Section 8 of Hindu Succession Act will be applicable in the case.
The daughter is a class I legal heir and she is entitled to 1/4 share of the property(Mother 1/4 share, brother 1: 1/4 share, brother 2 :1/4 share.
Now that mother died in the year 1993 her 1/4 share will also be divided equally among the daughter and 2 sons.
Since the sister is not aware of the property transfer , she can file a partition suit claiming 1/4 share in all the property owned by her father.
Defendants would be
a) Brother,
b) Widowed Sister in law.
c) Buyers of the property sold by elder brother.
The only thing is that you should claim that you are aware of the land transfer between your brothers after the death of elder brother (since 12 year limitation law will apply in your case.)
Hope this information is useful.
Since the land was purchased by the father in the year 1960 after passage of Hindu Succession Act, Section 8 of Hindu Succession Act will be applicable in the case.
The daughter is a class I legal heir and she is entitled to 1/4 share of the property(Mother 1/4 share, brother 1: 1/4 share, brother 2 :1/4 share.
Now that mother died in the year 1993 her 1/4 share will also be divided equally among the daughter and 2 sons.
Since the sister is not aware of the property transfer , she can file a partition suit claiming 1/4 share in all the property owned by her father.
Defendants would be
a) Brother,
b) Widowed Sister in law.
c) Buyers of the property sold by elder brother.
The only thing is that you should claim that you are aware of the land transfer between your brothers after the death of elder brother (since 12 year limitation law will apply in your case.)
Hope this information is useful.
Helpful
Helpful
Share
A.Dear Sir,
Let her file but 12 years limitation is there.
====================================================
The limitation for filing the suit for partition und... Article 65 of the Limitation Act, 1963 is 12 years when the cause of action accrues to the plaintiff. In the instant case the cause of action for filing the suit for partition ac..., the suit is barred by limitation.
http://comtax.up.nic.in/Miscellaneous%20Act/limitation-act-1963.pdf
Let her file but 12 years limitation is there.
====================================================
The limitation for filing the suit for partition und... Article 65 of the Limitation Act, 1963 is 12 years when the cause of action accrues to the plaintiff. In the instant case the cause of action for filing the suit for partition ac..., the suit is barred by limitation.
http://comtax.up.nic.in/Miscellaneous%20Act/limitation-act-1963.pdf
Helpful
Helpful
Share
Sima Vara
Responded 3 years ago
A.Under the Hindu succession, a daughter can make a right claim in a coparcener property. Both the ancestral and self-acquired property can be a collective property. ... According to the Hindu Succession (Amendment) Act, 2005, a daughter is equally valid heir as a son's property.
Helpful
Helpful
Share
Sima Vara
Responded 3 years ago
A.Under the Hindu succession, a daughter can make a right claim in a coparcener property. Both the ancestral and self-acquired property can be a collective property. ... According to the Hindu Succession (Amendment) Act, 2005, a daughter is equally valid heir as a son's property.
Helpful
Helpful
Share
Read Related Answers
property issue
Dear Client,
Firstly you have your equal right to share of your ancestral property as per the 2005 amendment act where even women have equal right in the property. additionally nobody can threaten yo...
Property
Dear Client,
No other individual can sell your property without authentic documentation and consent. make sure you have had the right registered documents of the land and understand how the owner cou...
Covered garage
Dear Client,
The owner of a property is liable to pay the property tax levied by the local civic body i.e, the Municipal Authority. This tax may vary from one location to another and various other fac...
Government Land Occupying
Dear Client,
The Government land cannot be a subject matter of a transaction between the private parties. Instead, the Government acquires private land whenever required for public purposes under the...
Balcony extension
Dear Sir,
Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location