1. Mr. A died in year 1958 in Rajasthan leaving behind 3 sons without any document. S1, S2, S3 (Sons) got the said agriculture property on their own name without partition i.e. jointly names inserted.
2. The Agriculture Land was as a Joint Property of three sons from 1958 to 1972. They were doing their business on this land as a jointly.
3. In 1972, S1 died and on the name of S1 (born in 1966), his son's name was inserted. The Agriculture land was again a joint holder of 2 uncles and 1 nephew. Again the business was jointly on this land.
4. In 1995 Son of S1 by stating in registered sale deed that he got partition with his uncles and his father's 1/3 share is his share and for the benefit of family he sold the 1/3rd share to Builder & further supporting clarification deed executed by wife of S1 in favour of Builder in regard to 'No objection'.
5. The construction started in year 2006 and buildings constructed on almost 50% of land upto year 2012 on the said land.
6. Now in year 2012, one daughter of S1 who born in 1971, married in 1989, now filed a suit claiming her share in the land of her grandfather Mr. A.
Questions:-
1.The property is ancestral property or separate property in hands of S1?
2.The property is ancestral property or separate property in hands of son of S1?
3.The property is ancestral property or separate property in hands of daughter of S1?
4.Proviso u/s 6 of HAS amendment 2005 : “Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.” Will it get attracted for Daughter of S1?
5.Son of S1 as a Karta of HUF had right to dispose off the whole 1/3 share on behalf of his sons, daughter and sisters?
6.Upto what extent daughters of S1 can get?
7. Any Remidy?
