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Can the daughter of the owner file a suit for share in property which I purchased in 1990?

Shivendra Pratap Singh

Advocate

27/04/2022/ 12:22:14 AM

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Question: Can the daughter of the owner file a suit for share in property which I purchased in 1990? The daughters of the property owner did not sign. They were major at that time, will they be able to claim the property. It is almost 30 years, no suits on the purchased property till now. The property was ancestral property. 

Asked from: Uttar Pradesh

Daughter was not coparcener until the amendment came in force in Hindu Succession Act 1956 (HSA). Section 6 of the HSA admitted the daughter as a coparcener in the ancestral property. Therefore, after the amendment daughters have the same right as the son in the ancestral property. 

This amendment is not applicable on the property which has partitioned or sold before 20 December 2004. You purchased this property in 1990. The owner had only one child. He had no son therefore no coparcener existed at the time of sale of the property. 

In the absence of coparceners the owner had absolute right to sell this land. Now his daughter cannot claim her right in this property.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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