Property bought 12 years ago.
2 years ago
Hi ,I have bought a agricultural land in 2007 in Andhra Pradesh .Seller family consists of husband ,wife ,son and daughter .husband died before 1986 ,intestate .property is ancestral property.wife and son sold the property via registered sale deed to me .I did not got the daughter signature during this sale deed as she was already married .Can daughter approach court for her share in the property now ?
A.Dear Sir,
It is a very weak case for the daughter. There is no bar for the daughter to file such case but she may not succeed. Always protect your possession and take a defence that you are bonafide purchase and she must claim a share from her mother and brother as they received market value.
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It is a very weak case for the daughter. There is no bar for the daughter to file such case but she may not succeed. Always protect your possession and take a defence that you are bonafide purchase and she must claim a share from her mother and brother as they received market value.
Rate me Five Star*
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A.Dear Sir/ Madam,
There is no way why she can not approach the court as she is too entitled to that property however if she doesn't want then no one can force her to approach the court.
Thank you,
If you find this response useful then please rate me.
There is no way why she can not approach the court as she is too entitled to that property however if she doesn't want then no one can force her to approach the court.
Thank you,
If you find this response useful then please rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Dear Sir/ Madam,
As long as she does not wants to approach the court it is fine but no one can stop her if she desires to approach the court as she is equal to that property as are other members.
If you find this response then please rate me.
As long as she does not wants to approach the court it is fine but no one can stop her if she desires to approach the court as she is equal to that property as are other members.
If you find this response then please rate me.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Yes daughter's signature is necessary in this regard because that widow,her son and her daughter each having one-third undivided share in that property, therefore, when any Sale Deed executed by that widow and her son,then they are only entitled to transfer their 2/3 rd undivided share in that property until and unless prior to that sale that married daughter either executed in their favour registered Deed of Relinquishment or Deed of Gift in respect of her undivided one-third share.
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A.If you ask WILL- then it depends on her will and wish and that only god knows. If you are asking CAN- then the answer is yes, since that was ancestral property where even she had some interest which she can invoke now if she wishes to. But if she wishes to do that then it will open an interesting facet of law. Why should you be troubled for the mistakes of somebody else. Whether she should file a case against you or against her bother and mother?
You need not worry so much.
You need not worry so much.
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