My mother was eligible for her father’s ancestral property accordingly to THE HINDU SUCCESSION (ANDHRA PRADESH AMENDMENT) ACT 1985. She got married after the amended Act. She didn’t fight for her rights when her brothers sold the property after my grandfather’s death in 1994. She did not sign on the sale deed. Can she go to court for her right today? Will the limitations act affect her rights? Is the sale deed valid?
As per section 29A of the amendment Act, daughters have equal rights in ancestral property as sons. Upon the death of the father, all coparceners are entitled to a share in the ancestral property. Your mother was included as a coparcener under the amendment Act of 1986.
It was not mentioned earlier that your uncle had sold the property without your mother’s consent. The limitation period for challenging the sale begins either from the execution of the sale deed or from the date of knowledge of the sale. Your mother had the right to claim partition after her father’s death but did not exercise it.
In the case of State of Andhra Pradesh v. Nalamati Dorayya and others (2014) 3 ALD 720, the Hyderabad High Court held that unmarried daughters are entitled to an equal share in the ancestral property as major sons under the A.P Amendment Act No. 13 of 1986 to the Hindu Succession Act, 1956.
According to Article 59 of the Limitation Act, there is a three-year limitation period for canceling a sale deed. If the civil suit is filed within this period, it will be considered. However, if there is a delay in filing the suit, it can be condoned under section 5 of the Limitation Act if there is a genuine reason for the delay.
As your mother has a right to the property, her consent was necessary for a valid sale deed. Without her signature, the sale deed is invalid, therefore, a civil suit can be filed to cancel the sale deed.
