Daughters right in property

Querist : Anonymous (Querist) 16 January 2018 This query is : Resolved
My father has one elder brother and 3 sisters.All are above 75 years and got married in 1940's. My grand father was having 6 acres of agricultural land which he acquired from his father(ancestral property) . He expired in 1970s. Property was partitioned amount two brothers and same is reflecting from 1980 to till date. Recently my father has given his share of 3acres land for development and agreement is made and registered.Now one of my aunty who is now 90 years and was married in 1940 has filed for the property share .She has acquired status quo.

We are from hyderabad. My questions are

1.As per the the laws of 1985 Andhrapradesh or succession act 2005 they do not have any share my understanding
2.Is the above case filed by my aunt valid ?
3.If it is not valid can it be dismissed ?
4. can we continue development work as it is not sale of property ?( when status quo is existing)
request the experts to answer
Thanks in advance

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Ms.Usha Kapoor (Expert) 17 January 2018
since ALREADY ONE PARTITION HAD TAKEN PLACE BETWEEN THE BROTHERS MUCH PRIOR TO HSA amendment ACT in ANDHRA PRADESH 1986 AND Hindu succession amendment act 2005 BY THE central govt 2005 2ND PARTITION IS NOT ALLOWED AND YOUR AUNT WONT GET ANY SHARE IN YOUR ANCESTRAL PROPERTY.SNCE STATUS QUO IS MAINTAINED YOU CAN USE YOUR 3 ACRE SHARE FOR DEVELOPMENT./tHE ABOVE CASE FILED BY YOUR AUNT IS NOT VALID AND LIABLE TO GET DISMISSED SINCE INVALID.

Vijay Raj Mahajan (Expert) 17 January 2018
Please go ahead with your development work. No stay by the court in this regard only status quo with regard to sale of the property. The claim of aunt will be decided by the court viz a viz the law of succession as provided under the Hindu Succession Act, 1956 central law amendment Act of 2005 as well state law of Andhra Pradesh.
The important part of section 2 of the HSA is the proviso which reads " Provided that nothing contained in this sub-section shall affect or invalidated any disposition or alienation including any partition or testamentary disposition of property which had taken place before 20th day of December, 2004."
According to this proviso the claim of share in the ancestral or coparcenary property of Aunty, aged 90 years will fail as the partition took place in 1980. Even if the claim in the said property by stating it as self acquired property of her father that plea also cannot be taken by the court as in the year 1980 the property had already had become ancestral or coparcenary property after the birth of the third generation in the Hindu family, more so the property of grandfather's hand, how he acquired it is also to be checked.
By all means the nature of the property is that ancestral or coparcenary and aunt's clamming a share in it will most probably will fail.

P. Venu (Expert) 17 January 2018
Was the partition effected through a registered deed?

Adv. Yogen Kakade (Expert) 18 January 2018
I agree with the expert Mr. Mahajan

Querist : Anonymous (Querist) 18 January 2018
@Mr.P.Venu

Partition was made on white paper but not registered .But the partition is reflecting in revenue records since 1980.Whole property is in the names of two brothers equally.Both the brothers have physical possession on their respective share of land.Taxes are paid by both brothers on their respective shares.lands are reflecting on their names in pahanis.Agricultural loans are taken by both brothers.Sisters did not raise any objection till now( except now case)
Will the above sufficient to prove that the partition is made.
But the partition is made on white paper with witnesses and not registered.

P. Venu (Expert) 18 January 2018
A mere entry in the revenue records do not constitute an absolute title to property! The property ought to have been partitioned through a registered deed.

Daughters right in property

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