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Sathish   18 October 2017

My sister share of land sold by father

On 24-07-1959 my grand father bought an agricultural land

On 10-09-1979, my father inherited 50% share of above land from his father through partition deed among family members.

my father had two children -- myself and my sister.

On 30-Dec-2005, Father and myself gave registered "Power of Attorney to sell the land" to my cousin.  My sister did not involve in this power document.  Next day, cousin sold the land to his father by a registered sale deed.

On 06-Sep-2006  father died

After 12 years delay, Can daughter claim 1/3rd of her share in this land?

Sister has been living in North India from 2004 to present date.  She came to know about this land only recently.

thanks



Learning

 3 Replies

Vikas Hedau (Advocate)     22 October 2017

No, She cannot claim her share as she had no share in life time of her father, as it was property of your grandfather which was inherited by your father and he was absoluite owner of peroperty at time of transaction of sale took place.

bhagwat patil (Property due diligence 9422773303)     14 December 2017

Ad Vikas rightly pointed out the que. adding to this before 2005 women have no inforceable divisional right in fathers property.

Vikas Hedau (Advocate)     14 December 2017

Mr. Bhagwati patil you are mixing 2 concepts here. from 1956 itself Womems have Rights in Father's self acquired property in 2005 coparcenery rights were also given to women and Section 23 of Succession act was removed, which was bar to file suit for partition for self acquired property of deceased father. But prior to 2005 women had absolute right in Self acquired property of father. But No one can claim partition In Lifetime of father as he is absolute owner of his self acquired property

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