Claim share by hindu amendment act 2005.
Guest
(Querist) 30 May 2015
This query is : Resolved
Dear Sirs,
My Great grandfather had 2 acre land and he made a “Will” on his last day to my father and his brother name. Then my father and his brother made a registered portioned document 1 acre per person via the “Will”. Partition document making time my brother was 15 year old minor boy and I was 12 year minor girl but my brother name only included father’s partition document in 1987.
In 2007 my father made a release document to my brother name for his (½ acre ) share as per partition document’s record. Now my brother got full one acre to his name because already his name included partition document.
Hence, May I claim any share from this property now by Hindu amendment act 2005. I married after 1989 in Tamilnadu, Pouthukottai district.
Thank you and expecting your kind advise the above my query.
kavksatyanarayana
(Expert) 30 May 2015
@author, as the property is devolved to your father from his father and hence it will be treated as self acquired property and he can give his property to anyone. you will have right over the property of your father share if he dies intestate.
Kumar Doab
(Expert) 31 May 2015
Apparently the status of property has changed to self acquired.
It is believed WILL was not registered and probated and contested.
The property has been partitioned as per you and deed is registered.
The father has released his share and probably the deed is also registered.
Is father and brother of father alive?
Hindu Succession (Amendment) Act, 2005,came into force on September 5, 2005 and thus won't make no difference on succession prior to this date.
Before it state law would be the ruling law on the date of succession.
Succession is occasioned for properties of Hindu Undivided Families when there is a partition in the family or when a male coparcener dies leaving daughters.
If such event had occurred after March 25, 1989, in Tamil Nadu, but before December 20, 2004, the benefit of enlargement of right will not be available for those who were married as on March 25, 1989, since the State law would be the ruling law on the date of succession.
However you may show all docs on record to your able lawyer dealing in such/property/revenue/civil matters and well versed with state laws and your lawyer may have some strategy.
You can look into the probabilities and merits and evaluate your options and remedies before you proceed further.
P. Venu
(Expert) 31 May 2015
What is the nature of the transaction involved - partition or family settlement?
Guest
(Querist) 31 May 2015
Sir,
Registered partition document was happened in the year 1987.
Dr J C Vashista
(Expert) 01 June 2015
There are certain vital information missing from your post therefore, no opinion can be formed.
State full facts and documents of the case before a local lawyer and seek his/her advise, guidance and proceed.
Rajendra K Goyal
(Expert) 02 June 2015
Consult local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 09 June 2015
From your contents the property (though you say as ancestral)appears to have been partitioned in the year 1987 well before the state amendment of Tamilnadu came into force, therefore the upon partition in the years 1987, the nature of"ancestral" extinguished. Therefore, whether you were minor or not during 1987 will not be material to consider the coparcenery share in the property because you have not acquired such rights in 1987.
The property duly partitioned between your father and brother becomes their own absolute properties, therefore the release deed executed by your relinquishing his share in the property to your brother will be considered as valid one. Therefore I am afraid that you may not be entitled to any share in the property as a coparcener because there appears no coparcenery right at all.
However you are advised to consult a local lawyer on further issues with the relevant papers.
