Legal Question in Real Estate Law in India
Equal Share for Daughters
My grandfather died in 1972 leaving a self acquired property which was settled among 4 sons on a family arrangement to continue living there. The three daughters were not given anything and have signed the family arrangement document under duress that states that the daughters have renounced their interest in the property.The family arrangement is not registered and the registration of the property is still in my grandfather's name. Today the property is being developed into flats and the daughters are not being given anything. The property is being given to a developer under Power of attorney and for such an arrangement will the daughters have to sign agreement? Can the daughter's claim their rights as of today? Can the family arrangement document be challenged? Please let me know
2 Answers from Attorneys
Re: Equal Share for Daughters
Dear Sir,
it is too late as per your mail it is more than 30 years you kept silence that too signed the family arrangement renouncing your right over the proerty.
how do you substantiate the delay?
Difficult to get the share. but can give a try.
Panduranga Achraya
Re: Equal Share for Daughters
You have not given the date of the family arrangement. I presume that the family arrangement was made immediately after the death of your grandfather. Now it is more than 30 years, if you challenge the family settlement now, the pertinent question the court would ask is why did the daughter not challenge the family arrangement for 30 years.
Registration of family arrangement is not required.
You need to build a very strong case for claiming a share in the property. Though the Hindu Succession Act allows daughter a share in the self acquired property of the father when he dies intestate (i.e. without a will) however in your case, the daughter have expressely renounced her share in favour of the sons. Its a very tough case.
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