Hindu succession act
Sathya
(Querist) 04 October 2017
This query is : Resolved
I've filed suit for partition of female's share over the ancestral property in the year 2009. My all 4 clients got married in the year of 1950, 1962, 1970 & 1987 respectively and their father and 2 brothers entered in to a registered partition deed in the year 1994 and they partitioned between them to deprive my client's rights over ancestral property but my client's are not a party to the partition.
My client's father & mother died in the year of 2008.
My client has right as per the Karnataka amended act but the defendants taken contention that karnataka amendment act has been went out in view of 2005 central act. as per central act there should not be a partition before 2004.
Sir i verified some judgments of karnataka i'm unable to under stand that my client's has right in view of Karnataka amended act but in view of 2005 my client's looses their right. Kindly please guide me. Thanking you sir.
Kumar Doab
(Expert) 04 October 2017
The father and mother died in 2008 as per your post.
How did brothers succeed to partition of said ancestarl property without involving Parent!
Kumar Doab
(Expert) 04 October 2017
The said property is from Father’s or Mother’s side?
The succession opens on death of father, Mother.
Sathya
(Querist) 05 October 2017
Hi @Kumar Doab sir, thank you for the reply,
1. How did brothers succeed to partition of said ancestarl property without involving Parent!
Ans : Both brother's get succeed to partition while their parent still alive. i mean, the father only divide the property & gave it to his son's. All the property was divided & registered to both brothers
2. The said property is from Father’s or Mother’s side?
Ans: The said property is from Father’s side
3.The succession opens on death of father, Mother.
Ans: Yes, The succession opens on death of father & mother
Bhaskaran Advocate
(Expert) 06 October 2017
Amended Act 2005 is prospective in nature. In simple terms if father and daughter are alive in 2005 then daughters have a share. Their rights have been fraudulently deprived.
Ms.Usha Kapoor
(Expert) 06 October 2017
Since your clients(sisters) are not party to the partition they can demand partition and allotment of their share both under Karnataka Amendment Act and Hindu Succession Amendment Act even now.But one hitch., They should have asked for partition of property once again longtime back in 1995 or later if they don't want to hit by law of limitation. Try filing condone delay petition along with partition suit.Contact a good property lawyer who is well experienced in such matters and agitate for sister's rights in their father's ancestral property.
Sathya
(Querist) 09 October 2017
Hi, @Ms.Usha Kapoor Ma'am & @D Bhaskaran sir, thank yo so much for your suggestions,
But unfortunately am getting tired about this case, I'm not getting exact information regarding this case.
1. Some advocates told me that, those all sister's have equal rights on her father's property
2. But some other seniors told me that, they have no rights in her father property because it was already divided to his sons when he alive.
So please somebody help me :( . Waiting for your reply
Bhaskaran Advocate
(Expert) 09 October 2017
Tricky if some senior lawyers told you they have no rights there could be something in documents you possess. You need to have live talk with lawyers with your documents.
Kumar Doab
(Expert) 09 October 2017
Agreeing with last post of Mr. D. Bhaskaran.
If a senior lawyer specializing in such matters and well versed with local/state laws and judicial pronouncements, surrounding facts, and case docs has opined then you being yourself a lawyer and from state can well appreciate the advise.
Kumar Doab
(Expert) 09 October 2017
I am sending you a few links.
You may pick up the relevant points that are as per facts of case with you.
