Challenge of registered shell deed
subhash chandra
(Querist) 23 January 2017
This query is : Resolved
sir, we are five brother &one sister and my mother. my sister had married in 1980.
my father had died on 20.07.1997. After death of my father our agriculture land"s partition has been taken through court order in 11.08.2003. by name of five brothers and mothers names. In 2010 mother have sold her share to one son then our sister have filed a suite that she is a coparcerner in her fathers land and this sell deed is illegal and cancel it.
my question is
1. Is she has right under hindu succession Act 1956.? if yes then why amendment 2005 brought.
2. Is she has right under hindu succession Act 2005.?
3. should she resetting her share in revenue department through revenue court?
4. land situated in Rajasthan.
5. she brought suite in ADJ court.
Kumar Doab
(Expert) 24 January 2017
Apparently the property of father is self acquired, and married daughter has staked her claim.
Is the property self acquired or ancestral?
Madhava Rao Gorrepati
(Expert) 26 January 2017
Taking that your father's property is self acquired I answer this question>
like you and your brothers and mother your sister is also equally entitled in your father's property. you cannot avoid her. the purpose of the amendment is to give share in the ancestral property. Depending upon the value of her share she might have been advised to file the suit in ADJ Court. coparcenar concept is applicable to ancestral property. If your sister was already married by the date of amendment she cannot take advantage of the amendment. More over the partition had already taken place. now the picture that emerges is: If it is ancestral property First the property is to be notionally partitioned into six shares one to your father and five to the sons. then in the 1/6th share all the seven have equal shares. so if the property is self acquired your sister has 1/6th share share. if if is ancestral your sisterhas 1/7th share in 1/6th share.
M V Gupta
(Expert) 28 January 2017
You have stated that the partition of the property was effected through court order passed in 2003. What was the suit for? what are the contents of the order? Was ur sister party to the suit? If so what reply she filed in suit? Who filed the suit and against whom and for what reliefs? A proper answer to ur query can be given after u furnish the details.
