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Ancestral property partition.. doubts about female share

(Querist) 24 October 2014 This query is : Resolved 

Hello Learned professionals...
Regarding My Father's share of property which he received by way registered partition deed of 1958. My father received his share from my grandfathers share of property. He jointly hold the property with his unmarried brother (my uncle-C who died in 1969.)
They have other 2 brothers also (my uncle-A & my uncle-B). My father, uncle-A & uncle-B are all died since. My father, uncle-A & uncle-B are married have family & children.
As suggested by professional experts here, we almost settling the shares with families of Uncles A & uncle B, in respect of portion of deceased unmarried brother C,
Calculation we did is like this: 1/2 (half) of the joint property for my father. Remaining 1/2 (half) to be divided equally among 3 brothers ( my father, uncle-A & uncle-C)
Now another problem pops up...
In the registered partition deed of 1958, only brothers were given shares and sisters ( total 2 sisters who were alive then) WERE NOT GIVEN ANY SHARE or they are not parties of the deed ( no relinquishment or anything is said in the registered deed)
These sisters have family and children who are alive.Now the family of these sisters are asking shares for the portion of deceased unmarried uncle C. Not only that they are telling since their mothers were not given anything at the partition of 1958, they are threatening that they will dispute and cancel the the registered partition deed on 1958.Or they are telling that the joint property which needs to be partitioned now should be divided equally among all 5 ( ie. Equally among 3 brothers & 2 sisters)
Do we need to give share for sisters' family in the deceased brother C.s portion of property?
Or should we equally divide the whole joint property among all 5 ( ie. Equally among 3 brothers & 2 sisters)
Can the sisters' family dispute and cancel the partition deed of 1958?
We are confused, how to proceed further in this matter?
Please guide us
Sudhir Kumar, Advocate Online (Expert) 25 October 2014
please confirm whether a deed registered in 1958 has been challnaged at any stage.
Bhani Athreya (Querist) 25 October 2014
Respected Expert sri. Sudhir kumar ji,
Thanks for the valuable reply sir,
Regarding the registered partition deed of 1958, a lawyer notice was sent by one of the father's brothers to my father during 1969, asking for share in the property of he deceased. and my father had replied through a lawyer, totally denying it.
The partition of this ancestral property by registered deed of 1958, done after the demise of their father in 1956.
So does it matter when (date) their father died in 1956 is of any relevance?
That is before or after the Hindu succession Act 1956, for the daughters of deceased family to claim or challenge the deed of 1958?
Can they challenge it even now?
Thanks respected expertji.
J K Agrawal (Expert) 26 October 2014
The Sisters can ask for share but there are so many ifs and buts.

Please contact to a good civil lawyer.

17-06-1956 is date when the Hindu Succession Act came in force. The law was different before that. Even after that the sisters were entitled to 1/20 part each.
Further law of limitation and rule of ouster and doctrines of laches waiver and estoppel also clog their right.
Bhani Athreya (Querist) 26 October 2014
Respected Expert sri. J K Agarwal ji,
Thanks for the valuable reply sir,

That's why My humble query sir.
As per valuable suggestion of KIND HEARTED EXPERTS OF THIS FORUM , we wanted give equal share (to sisters & brothers) in the property of demised unmarried our uncle-C.
At this stage the sisters of our uncles, raises the issue that "they were not given anything at the time of partition of 1958.
Our grandfather died in October 1956 after enactment of the Hindu succession act 1956. Partition was done intestate. Present claimants are legal heirs of daughters and sons of grandfather, for the property of demised son-C.
Now the daughters' legal heirs are telling that since they were not given anything in the partition of 1957, so they want to rework the partition deed of 1958


So does it matter when (date) their father died in 1956 is of any relevance?

Can they challenge it even now?
Thanks respected expertji.
Devajyoti Barman (Expert) 26 October 2014
query is repeated in many times.
Bhani Athreya (Querist) 26 October 2014
Respected Expert sri. J K Agarwal ji,
Thanks for the valuable reply sir,

That's why My humble query sir.
As per valuable suggestion of KIND HEARTED EXPERTS OF THIS FORUM , we wanted give equal share (to sisters & brothers) in the property of demised unmarried our uncle-C.
At this stage the sisters of our uncles, raises the issue that "they were not given anything at the time of partition of 1958.
Our grandfather died in October 1956 after enactment of the Hindu succession act 1956. Partition was done intestate. Present claimants are legal heirs of daughters and sons of grandfather, for the property of demised son-C.
Now the daughters' legal heirs are telling that since they were not given anything in the partition of 1957, so they want to rework the partition deed of 1958


So does it matter when (date) their father died in 1956 is of any relevance?

Can they challenge it even now?
Thanks respected expertji.
Bhani Athreya (Querist) 26 October 2014
respected Expert Sri. Sudhir kumar ji
Thanks for the reply sir,please confirm
No sir, this deed registered in 1958 has NOT been challenged at any stage. SIR
Sudhir Kumar, Advocate Online (Expert) 26 October 2014
the apparently challnage is barred by limitation. consult your lawyer on this issue
Sudhir Kumar, Advocate Online (Expert) 26 October 2014
for further query on the issue please list down all the threads you he opened on the subject.
T. Kalaiselvan, Advocate (Expert) 27 October 2014
The query has been repeated many times in this section as well as in the forum section and the author who is not satisfied with the replies everywhere had sent plenty of PMs to not only to me but also to many experts, despite all these, he still finds pleasure in repeating the query. So I will not reply him anymore anywhere.
Bhani Athreya (Querist) 28 October 2014
Respected Expert Sri. T kaliselvan ji and other learned experts !!!
My sincere thanks for all the valuable replies.
The query regarding partition of a property, arose during amicable discussions among the family members.
By the valuable suggestions from the experts here, the discussions were progressing, with a set of co-owners( whom we thought are the only co-owners), some other claims started coming which were not foreseen,
Even some fresh claimants appeared, whom we thought are not claimants at all.

But we, (the major holders or persons in the possession of the property) had a conviction and resolve that the final partition should be done in a Fair and true manner, should not be a problem for the future generations also as it should be true to our conscience as well.

Respected experts,
Hence I was forced to post many queries,
on same subject, but with different points as they surfaced in the meetings or in the discussions, sirs...

I beg pardon, respected experts, for any inconvenience caused.
I express Sincere gratitude to the Experts... Sri.T. Kalaiselvan ji, Sri. Raj kumar makkad ji, Sri. Ajay sethi ji, Sri. Sudhir Kumar ji, Sri. Rajendra K Goyal ji Sri. Devajyoti Barman ji
and other experts on the forum sirs...
Sudhir Kumar, Advocate Online (Expert) 30 October 2014
for further query on the issue please list down all the threads you he opened on the subject.


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