Daughter has the right in ancestral property

Question asked on: 28/05/2019

My mother was eligible for her father’s ancestral property accordingly to THE HINDU SUCCESSION (ANDHRA PRADESH AMENDMENT) ACT 1985. She got married after the amended Act. She didn’t fight for her rights when her brothers sold the property after my grandfather’s death in 1994. She did not sign on the sale deed. Can she go to court for her right today? Will the limitations act affect her rights? Is the sale deed valid?

Advised by: Shivendra Pratap Singh,

According to section 29A of the amendment Act, the daughter gets equal right in the ancestral property as the son. Upon the death of her father, all the coparceners are entitled to gain a share in the ancestral property. Your mother has included as a coparcener as per the amendment Act 1986.

You did not mention that when her brother has sold the property. The limitation period will start from the date of execution of sale deed or when you get information of sell. Your mother had the right to claim partition after the death of her father. She did not exercise her right to partition which she had in the ancestral property immediately after her father’s death.

In State of Andhra Pradesh v. Nalamati Dorayya and others (2014) 3 ALD 720 the Hyderabad High Court holds that an unmarried daughter on 05-09-1985, the date on which the A.P Amendment Act No. 13 of 1986 to the Hindu Succession Act, 1956 came into effect, became a coparcener and she is entitled to a share like a major son.

Article -59 of the Limitation Act provides three years limitation period for cancellation of the sale deed. For the filing a civil suit, the limitation reckoned from the date of knowledge of the execution of the sale deed. If it comes under the period of three years, then you can file a suit for cancellation of the sale deed.

However, you can condone the delay under section 5 of the Limitation Act. If you have some genuine reason for not filing the suit in time, the court may condone the delay and admit the suit filed after three years.

Your mother has the right in the said property, so her consent was necessary for the execution of a valid sale deed. In devoid of her signature, the sale deed became invalid. Such sale deed is rendered as invalid if you file a civil suit for cancellation of the sale deed.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 16931

Consultation: 3367

Property Tax

I am Senior citizen aged 73 years Ex-serviceman was in active service during all the three wars. Suffering from high blood pressure. I purchased House flat No.6-3-790/3/1 and registered on my name on 5.12.2003 from xxx and let out for residential use. The person lived...

Limitation period for setting aside sale of ancestral property

What is the limitation period for setting aside the sale of the ancestral property? My father sold ancestral property against the will of my family. I was minor at the time of sale. Can I file any suit for cancellation of that sale deed?If a son, desires to set aside...

Land record shows my land as inalienable

The land revenue record shows the land as inalienable when the tenure holder or owner of the land has no right to transfer the land. Generally, government land or patta land is made inalienable because actual right vested in the government. The tenure holder has the right to cultivate the land and enjoy the usufruct.

Mutation is pending due to fraud

Dear Sir, My Father has bought a sellable area or Land 2 years back.My Father has all the documents like sale deed number and he has all the registered documents received from Court .He has requested for Mutation in Block office in Jan or Feb 2015. After sometimes...

lease and licence

Lease and licence To ascertain whether a document creates a lease and licence, the substance of the material must be preferred to the form. Whether they intended to create a lease of a licence. If the document creates an interest in the property, it is a lease; but if...

Gift of ancestral property to daughter-in-law

My father has transferred the whole ancestral property to his daughter-in-law. He transferred that property by way of the gift deed. He made the gift with an ulterior motive, which I don’t want to discuss here. I want to file suit for cancellation of that gift deed....

Builder is not returning my booking amount

Hello sir, I have booked a flat in Lucknow, the builder said that the time of booking that the project will accomplish in the year 2017. After taking faith upon him, I paid one lakh rupees as booking amount in the year 2015. When I visited the site in the year July...

Unregistered lease

I gave my house and adjacent land for manufacturing of shoes. That house was given on lease. The lease deed was unregistered, but both parties signed it. The lease was accepted on payment of twenty thousand rupees per month as rent. The lessee enjoyed it for four...

Transfer of trust property

My grandfather was created a trust for the construction and running of a school. He had appointed my father as trustee. My grandfather was died in year 1974. My father is died in year 2015. This trust is created by a Will, according to it I am the trustee of this...

Waqf property

There is a waqf property which is rented on Rs 5 per month to Moulana ******* Tenant want to take absolute possession over the rented property. In this course he attempted on many forged documents but ultimately he fails. He filed a case before the waqf tribunal for...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now