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Daughter has the right in ancestral property

Shivendra Pratap Singh

Advocate

28/05/2019

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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?

Question from: Andhra Pradesh

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.

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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