Daughter asking for her share in the property.

Parents has two kids -> 1 Son , 1 Daughter Father purchased 4 acres of Land on his name when both (kids) were minors and he died after that. After few years , Daughter got married and at the time of marriage 1 Acre land and 300 yards plot was given to Daughter (only on words and no paper work) and remaining 3 acres land is shared equally and registered on widow mother and sons name. After 5 years, Daughter has sold 1 Acre land 300 Yards property to third party with the help of widow mother and son.

Now, 10 years later Daughter is asking again for share in 3 acres property. Not sure how Hindu succession law works here. Can you please help me to understand , how son can secure his property now. Also, will widow mother property will be shared equally ?

Answers (1)

128 votes
By what instrument of law did the daughter sell 1 acre of land to a third party when the same was legally not transferred to her? As per your own statement of facts, the land given to her at the time of her marriage was not documented, which repentantly means that she had not become the owner of this land.

Hence, she could not have sold the land of which she was not the owner. Whether any deed/agreement was made between the daughter and her brother and mother? Since the land given to daughter at the time of her marriage was not a transfer of land in the eyes of law she can now claim her share i.e 1/3rd share in the remaining land. Son also has 1/3rd share in the land which he can cull out by filing a case for partition. The widow mother also has an equal share in the property.

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