Daughter's rights on a property.

brsasireddy (Querist) 19 January 2022 This query is : Resolved
Good Afternoon,

I am planning to buy an agricultural land in tamilnadu. Here is some details,

1. Property 1.5 acres was bought by someone in Feb 2005 and at that time, the seller had 4 kinds (2 daughters and 2 Sons) . In the sale deed they did not mention the daughters name and only mentioned sons name in the sale deed. It is ancestral property to the seller.
One daughter was minor and another one was major during at that time(2005).

2. The purchaser is selling the land to me now and the Elder daughter (she was major 2005) is ready to come for the registration and another younger daughter (also major now) not will to come for the registration.

What is the rights of the daughter (minor in 2005 and major now) can file case on the property later?. Is there any red flags on my purchase?. Please let me know.

Thanks
S.

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brsasireddy (Querist) 19 January 2022
Can a then minor daughter claim her share in a property if it is already sold by her father before the Hindu Succession Act in 2005?

brsasireddy (Querist) 19 January 2022
Any update pls?. appreciated.

K Rajasekharan (Expert) 19 January 2022
If the sale took place before 20th December 2004, the daughters cannot claim any share in the ancestral property sold by their father and sons together who were the owners then, as per Section 6(1) of the Hindu Succession Act.

brsasireddy (Querist) 19 January 2022
It was sold on Feb 2005.

kavksatyanarayana (Expert) 19 January 2022
It presumes that you are Hindu, the daughters having share with other heirs in the ancestral property as per Hindu Succession Act, 1956 in my view.

K Rajasekharan (Expert) 19 January 2022
The date 20th December 2004 is the date of introduction of the bill in the legislature, but it was passed on 9th September 2005 and since then it has undisputed force of law.

It seems to me, because of many contradictory judgements by various high courts and even by the Supreme court, the daughters are coparceners from 20th December onwards, as some judgements say the daughters have right by birth itself.

Some states like Andhra Pradesh, Tamil Nadu, Kerala, Karnataka, and Maharashtra enacted laws making daughters equal property shareholders before the year 2005.

Because of these reasons, it seems to me it is better for you to get proper advice from someone who constantly deals with such issues in the state where the property situates.

P. Venu (Expert) 19 January 2022
How is that the property was considered to be ancestral?

brsasireddy (Querist) 19 January 2022
It was greatgrand fathers property and come thru patrician.

P. Venu (Expert) 19 January 2022
Partition - Please post complete facts.

brsasireddy (Querist) 19 January 2022
It was done Partition in 2004 and he sold the property immediately after that to current owner. Since the current owner of the property is their relative, did not worry much about the daughters. But I am buying from the current owner and going thru all the legal issues. but the current owner hold the property last 20 years without any issue.

P. Venu (Expert) 20 January 2022
I am afraid the particulars furnished are insufficient. A property need not be ancestral just because it had been inherited from the forefathers!

K Rajasekharan (Expert) 20 January 2022
That whether the property is ancestral or not, is not at all a material issue in this case. There is no meaning or purpose in discussing that issue or finding any fact relating to that.

If it is a non-ancestral property, the 2005 sale is wholly illegal and unsustainable in law. Therefore, the buying of such a property is not at all advisable.

In other case, if it is an ancestral property, one can check with no much hope, whether there is a remote chance of justifying the 2005 sale, as one in accordance with law in force on the day, as the 2005 amendment has not come into force.

brsasireddy (Querist) 20 January 2022
Ancestral property means any undivided property which has been present through four generations. Such property should belong to the great grandfather and pass on to your grandfather. Maintaining the hierarchy, it will pass to your father, then to you in an undivided form. -YES it fits to this meaning. It is ancestral property

brsasireddy (Querist) 20 January 2022
In other case, if it is an ancestral property, one can check with no much hope, whether there is a remote chance of justifying the 2005 sale, as one in accordance with law in force on the day, as the 2005 amendment has not come into force.

Thanks, make sense

Sudhir Kumar, Advocate (Expert) 21 January 2022
you are not clear with facts.
Who is having 4 children (of whom one daughter is objecting)

Mr . A, the person who sold land in 2005?

or

Mr B, the person who purchased and in 2005?

from whom you are buying land?