Daughter right in property
Ranbir
(Querist) 22 August 2016
This query is : Resolved
Dear sir,
A person named "A" purchased property in the year 1925 and died in the year 1944 without any will
He had two sons and two daughter the sons transferred.the property in their name without intimation with the sisters who are married and are in the possession of the property till date.can daughters claim their share in the said property
Raj Kumar Makkad
(Expert) 22 August 2016
There are various questions which arise out of your query prior to the reply from the side of the experts:
1. What was the religion of A?
2, When had the sons got transferred the property in their names?
3. What was the status of the widow of A and if she was alive at the time of the death of A. when did she die?
Kumar Doab
(Expert) 22 August 2016
In this thread you have not stated full/other facts that you have stated in many other threads.
You have been replied in all threads.
You need and you should prefer to show whatsoever record that you have and spend quality time with your own counsel specializing in revenue/property/such matters, for a considered opinion and a strategy, if possible, to fetch you relief.
Ranbir
(Querist) 22 August 2016
A was a Hindu and the property was transferred in 1968 by the brothers the widow was alive but the property was not transferred in her name but now she is no more
adv.bharat @ PUNE
(Expert) 22 August 2016
Daughters can't claim share in the property.
you have not stated full/other facts that you have stated in many other threads.
Raj Kumar Makkad
(Expert) 23 August 2016
As A died during the year 1944 intestate hence his entire estate might have been inherited in equal shares in favour of his widow and both the sons. Daughters had no right in property at that time. The rights shall accrue as par law of 1944.
As the property was wrongly mutated in favour of only both the sons of deceased instead of 3 in equal shares hence the mutation entered in favour of both the sons is wrong and illegal and is liable to be set aside and it requires to be entered equally in favour of both the sons and their mother in equal shares.
Now come to the inheritance of mother of the parties. If the inheritance of A is properly entered as described above then the inheritance of widow of A shall go in equal shares in favour of her class 1 heirs means daughters and sons in equal share.
In nutshell son 1 shall get 1/3 + 1/4=5/12 share, son 2 shall also get the similar share, Daughter 1 shall get 1/12 share and daughter 2 shall also get the same share out of the entire properties left by A.
As the property is joint and still has not been partitioned hence it cannot be got evicted without seeking its formal partition by either of the shareholders.
Mere long possession over the joint property gives no preferential right or ownership of more than the share as described above.
Ranbir
(Querist) 23 August 2016
Sir
If daughters cannot claim share on property on what right can they reside in the property of their father what are the rights of he children of daughter
Rajendra K Goyal
(Expert) 23 August 2016
Author need to refer advice from expert raj kumar makkad again.
Agree with the advice.
