partition
Querist :
Anonymous
(Querist) 25 June 2011
This query is : Resolved
A and his sons sold A's father properties in the year of 2000 without consent of A's daughter. A's daughter married in the year of 1990. properties situated in tamilnadu. A's duaghter what entitled any relief or remedy? pls give me solution.
Dayananda Gowda
(Expert) 25 June 2011
she can file a suit for partition against her father and brother. she has a share in the ancestral properties.
Advocate Bhartesh goyal
(Expert) 26 June 2011
yes,A's daughte has to file a suit for partition against her father, brother and buyer of A's father's property.
R.Ramachandran
(Expert) 26 June 2011
Only if the property was 'ancestral property', then the daughter will get an equal share as her brothers. This is because, as per Tamil Nadu Act 1 of 1990, on and from 25.3.1989 a daughter who is nor married prior to 25.3.1989 is entitled to a share as a co-parcenar. In the intant case, since the daughter was married only in the year 1990, she is a coparcenar and is entitled to an equal share as that of any of her brothers.
Before coming to the above conclusion,
first and foremost one has to determine whether the property is ancestral or self-aquired property.
One has to know how, the property came into the hands of "A"'s father - whether it was self-acquired by "A"'s father or he got the property through partition.
If it is a self-acquired property, then when did Mr. "A"'s father die?
Therefore, the answer to the query would largely depend upon the exact nature of the property - whether it is 'ancestral' or 'personal property' in the hands of "A".
