Property right to daughter
CHINTU PATRO
(Querist) 18 January 2013
This query is : Resolved
Dear Experts,
My mothers father (my grandfather) had 3 brothers and they had joint property all property is on the name of the elder brother. After the demise of all 3 brothers there sons that is my uncles are selling the property without NOC from daughters (my mother) is this is possible? Being daughter can my mother claim share in this property?? I think part of property sold around 7 years back can the law during that time couldn't be applied and daughters & granddaughters given share as per law???
Raj Kumar Makkad
(Expert) 18 January 2013
You have not mentioned whether the land in the hands of your maternal grandfather was self acquired or ancestral. I am presuming as if the same their joint purchase so after his demise your mother is equally entitled to claim her share with your maternal uncles. The sale-deeds executed 7 years ago can also be got set aside by your mother and law of limitation has not force in such situation as your mother has come to know now that her share has already been sold by her botehrs.
She can not only file a criminal case but also civil suit and these both proceedings can run simultaneously.
K.K.Ganguly
(Expert) 19 January 2013
1. She can claim her equal share on the said property,
2. She can file suit for setting aside the sale deed executed 7 years back or can ask for her share of the sales proceeds.
