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Self acquired property of father was settled between sons
28-Jul-2023 (In Property Law)
Self acquired property of father was settled between sons through unregistered family settlement deed excluding daughters in the year 1980 in Karnataka state. After the death of father in the year 1991,the property records were mutated according to the settlement deed. Now the daughters are claiming the share in the property and they have sent notice in Feb 2015. Does daughter have rights in the property? Is the claim barred by limitation?
As per law the deceased is required to make a Will and distribute his property. So if there is not Will, then as per Section 10 of Hindu Succession Act, the property will devolve equally among all legal heir.
Further family settlement agreement is usually executed when a Partition is required to take place and further same has to be registered.
In the instant case, since your father died without a Will, so your sister and mother can claim right on the property
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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