Sister's Right (Hindu) on father's self-acquired property
3 years ago
A family in Telangana, Father, Mother , two sons and a younger daughter
Father self acquired property in 1960.
Father died before 1972, when the daughter was 5 months age and there is no will.
Daughter got married in 1990.
Mother Died in 1993
After that, these two brothers transferred fathers self acquired property among them as 50/50 share before 1995. Without letting Sister know about that.
Later Elder brother sold 50 % of his share in 2004 and died.
In 2020, can Sister file a case to claim her share of Fathers self acquired property on brother and widowed Sister in law?
And what will be her share?
P.S. CHANDRALEKHA
Responded 3 years ago
Since the land was purchased by the father in the year 1960 after passage of Hindu Succession Act, Section 8 of Hindu Succession Act will be applicable in the case.
The daughter is a class I legal heir and she is entitled to 1/4 share of the property(Mother 1/4 share, brother 1: 1/4 share, brother 2 :1/4 share.
Now that mother died in the year 1993 her 1/4 share will also be divided equally among the daughter and 2 sons.
Since the sister is not aware of the property transfer , she can file a partition suit claiming 1/4 share in all the property owned by her father.
Defendants would be
a) Brother,
b) Widowed Sister in law.
c) Buyers of the property sold by elder brother.
The only thing is that you should claim that you are aware of the land transfer between your brothers after the death of elder brother (since 12 year limitation law will apply in your case.)
Hope this information is useful.
Let her file but 12 years limitation is there.
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The limitation for filing the suit for partition und... Article 65 of the Limitation Act, 1963 is 12 years when the cause of action accrues to the plaintiff. In the instant case the cause of action for filing the suit for partition ac..., the suit is barred by limitation.
http://comtax.up.nic.in/Miscellaneous%20Act/limitation-act-1963.pdf
Sima Vara
Responded 3 years ago
Sima Vara
Responded 3 years ago
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