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sam (xyz)     06 March 2010

granddaughter rights after ancestral property is sold

We've purchased 1 acre of ancestral property (land) from two brothers, these two brothers shared/partitioned it from his father after his death, their father did not leave any WILL before his death. In year 2001, these two brothers sold this one acre to us without their daughters permission(who were majors when the sale transaction happened in year 2001) . Now, this year in Feb of 2010, the daughters of these two brothers filed a case against us in court caliming they have rights on the property. What could happen to our purchased property now? Is there any time limit on when someone can claim their rights after a sale is happened? What all options do we have here in this case?



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 2 Replies

Manish Singh (Advocate)     06 March 2010

 

Dear,

the outcome depends also upon the state where the property is situated. but in general, since the property has been partitioned as well as sold off before 20.12.2004, the daughters can not claim any share in the said property. so just dont worry and enjoy the property.

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adv. rajeev ( rajoo ) (practicing advocate)     13 March 2010

If the recent Karnatka High Court judgement amendement of sec 6 of Hindu succession ACt is not restropective but prospective.

But it is not good judgment judge him self is in dilema.


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