claim of sisters on property

Querist : Anonymous (Querist) 10 December 2009 This query is : Resolved
my grandpa purchased a 3 acre farm in 1968,he was having 4 sons and 3 daughters,my father was the eldest one,the daughters were married during the purchase my grandpa died 29 yrs before he did not make any will about land after his death the land came in the name of my father by virtue of elder son and in 7/12 his name was given. he distributed the land orally in between the other three brothers, now my father died and now his sisters are claiming their share in the land can they claim for the same? is their any law? is there any way out so that the sisters cannot be given the land part? suggest

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joyce (Expert) 10 December 2009
This being an ancestral property all will get share in the property, so sisters cannot be avoided.In ur fathers share ur mom, ur brothers n sister will get the share if any.U will be only concerned to ur fathers share only.

N RAMESH. (Expert) 10 December 2009
I suppose you belong to Hindu family. Your grandfather Purchased property in 1968. He had 4 sons and 3 daughters. Daughters were already given in marriage. Your father and his brother were already orally partitioned the properties (long back) and are enjoying respective shares. right.

Now your father's sisters can not claim any share in the property. At the time of partition, they were not coparceners and they were not entitled to ancestral property.

n.k.sarin (Expert) 11 December 2009
I do agree with shri N.Ramesh.

Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Expert) 11 December 2009
Mr.N.Ramesh is right.

aman kumar (Expert) 11 December 2009
i m agree with joyce !!

niranjan (Expert) 11 December 2009
I think Mr. Joyce is right.there is no question of any ancestral property but distribution of father's property.

Vineet (Expert) 11 December 2009
I respectfully disagree with experts that it is not an ancestral property. The property was purchased by grandfather in 1968 and therefore it was his individual property which should have been divided as per intestate succession under Hindu Succession Act, 1956. The daughters had equal right in the property of their father and the fact that they were not coparceners in the father's HUF is immaterial.

It may be another matter that Sisters might not be able to claim their right in the property due to limitation clause which my learned advocate friends would better be able to answer. But then by that logic even other brothers cannot claim any share in the property which stands in the name of deceased only.

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