Daughter's right in father's property
laxmikanth
(Querist) 28 February 2016
This query is : Resolved
A Hindu male has a wife and three daughters. All the daughters were got married and settled. After that he died intestate on 25.3.1985 leaving his self acquired property. His property was mutated in the name of his widow in the Grampanchayath Records. She alone sold out the same to Mr.X. Later all the three daughters accepted the alienation made by their mother by giving an affidavit attested by an advocate. Can Mr.X get a perfect and undisputed title?
SURESH BV, Advocate
(Expert) 29 February 2016
Dear Laxmikanth,
Instead of Affidavit, it is lawful to execute a Registered Deed of Confirmation to avoid any sort of litigation.
laxmikanth
(Querist) 29 February 2016
Sir, widow sold out the property in the year 1989 through a regd.sale deed. Can the title of purchaser be strengthen by way of adverse possession against the daughters?
BAALASUBRAMANNYAMM
(Expert) 29 February 2016
This situation is simple and on the other hand, it is very complicated also.
1) Here you have to observe, the validity of Notarized Affidavit. in case, if the three daughters collectively contends the validity before the law. In their point of view, if it was a concocted document, what they would do.
2) The sale deed was executed in the year 1989 so almost all 26 years have been lapsed, if they want to contest. So this time is too long to defend a case.
3) If the property is in Andhra Pradesh State, what about the applicability of N.R.Ramarao's ruling about daughter's share in father's property.
So better to think on these aspects also.
Rajendra K Goyal
(Expert) 29 February 2016
The relinquishment deed should have been registered.
Now if any counterclaim arrives from daughters, would be dealt on merits.
Kumar Doab
(Expert) 29 February 2016
The owner died in 1985, so the laws applicable on that date pertaining to the property and notional partitioning may also be looked into.
The mutation on the strength of affidavit thru advocate seems to be faulty.
Consult local lawyer well versed with local laws.
P. Venu
(Expert) 29 February 2016
Has any real problem arisen? If so, please furnish the particulars.
Dr J C Vashista
(Expert) 01 March 2016
1. Mutation cannot be registered in the record of Gram Panchayat.
2. Affidavit attested by an advocate is invalid.
3. Man died intestat in the year 1985 has his widow and daughters as class I LR, the property shall devolve equally amongst all four untill the daughters relinquish their respective share in favour of their mother.
4. The sale transaction was registered in the year 1989 and remained unchallanged during last 26-27 years is barred.
