partition
mahesan
(Querist) 19 December 2010
This query is : Resolved
properties allottd to father in the year of 1953 from his ancestral properties, Son and father sold without knowledge of duaghters sold the said properties in the year of 1986, But daughters verified revenue records which was stands in thier names and subsequent purchaser. Duaghter not executed any deed to others.
Daughters are entitled to any share in the said properties? What shares they entitled? Revenue records only infavour of ducgthers. Daughters are entitled to filing suit against the subsequent purchasers?
Y V Vishweshwar Rao
(Expert) 19 December 2010
The fact mentioned in the Query that the Daughters name is recorded in the Revenue Records as owner and father & Son sold the property of daughter in the year 1986. One fold is that The property in the name of Daughter is sold by others / father & Son - who are not owners , it is for the owner / daughter to dispute the Sale with in a reasonable time allowed by law of limitation - from the date of knowledge.
The second Fold is that the Partition in the year 1953 father got ancestral property and father & son sold in the year 1986 - it is beyond limitation time and also much before 2005 Hindu Succession Act Amendment . The Daughter may not get any share in view of non availability of Joint Family property as on the date of 2005 Amendment Act .
Other experts opinion may also be considered .
M V Gupta
(Expert) 20 December 2010
I am of the view that what the father got on partition of the ancestral property in the year 1953 would be regarded as his own and he has every right to deal with the property in whatever manner he likes. Even the sons cannot object. The joining of the son in the sale deed appears to be out of caution on the part of the purchasers.The mere fact that the daughters names are appearing in the revenue records may not be sufficient to support the daughters' claim.
Pritam Saini, Advocate
(Expert) 20 December 2010
firstly verified the whole revenue record and it based by which it came in favor of daughter otherwise if name of daughters reflected without any basis it have no value.
