Can daughters seek partition of dwelling house
sandeep kumar
(Querist) 18 June 2011
This query is : Resolved
we have a house which was bought by my grandfather in 1964, my my grandfather has 1 son( my father) and 3 daughters. One of my aunt became widow in around 1975 and my father bought her home with her son. My father took good care of her all these years also taking care of all the expenses of my aunt as she was not having any source of income. My grandfather died in 1980 and grandmother in 1989 without leaving any will. We are living on the ground floor and my aunt is living on the 1st floor with her son. Now she has filed a lawsuit against us seeking partion of the property .
Please help me on this can daughter as for partiton of a dwelling house, and the important point is that my grandfather died way before the amendment.
PALNITKAR V.V.
(Expert) 18 June 2011
In view of the amendment in Hindu Succession Act, the daughter should be able to seek partition in house also.
R.Ramachandran
(Expert) 18 June 2011
Yes, I agree with the views of Mr. Palnitkar.
But you are talking about only one Aunt, what about other two aunts. They are also entitled to a share in the partition.
sandeep kumar
(Querist) 18 June 2011
Please visit the two links regarding similar cases and give you views:
This clearly states that daughter can only claim partion if father has died after the amendment.
http://www.bcasonline.org/articles/artin.asp?931
http://498afighthard.wordpress.com/2011/01/10/women-rights-to-property-only-after-hsaamend-2005/
R.Ramachandran
(Expert) 18 June 2011
Dear Mr. Sandeep,
The moment I chanced to see your other query at http://www.lawyersclubindia.com/experts/Partion-from-karta-200791.asp
I could notice that you have given two different fact situations in these queries and probably you will try to link one answer with the other; or some such confusion would arise.
In the current fact situation, it is a simple case of inheritance and not that of any HUF.
In the simple case of inheritance of self-acquired property, the answers given by Mr. Palnitkar is absolutely right. In fact, the share of the sister(s) cannot at all be denied since they are equally eligible for inheritance of the property left behind by their father.
The question in the above query really was not whether or not the daughters (i.e. your aunts) are eligible for share in the property; the question was whether the daughter can demand partition of the "dwelling Unit". It was answered that the daughters can demand partition of the dwelling house, and specially in view of omission of Section 23 of the HSA 1956 by Amendment Act in the year 2005. But even otherwise, i.e. even when Section 23 was in existence in the year 1980 (when your grandfather died), the widowed daughter had the right of residence in the dwelling house. There are umpteen number of decisions supporting the partition of the dwelling house at the instance of daughters.
The decision of the Delhi High Court cited by you, relates to a co-parcenary property (see paragraph 10 of the judgment) and not self-acquired property as in your case.
More over, the HC decision is in regard to Agricultural land and not relating to a dwelling house. In addition, HC Decision is also based on the Delhi Land Reforms Act which has no application to the facts of your case.
The article in bcasonline cited by you relates to HUF property and not self-acquired property.
HOPE THIS CLARIFIES THE POINT.
In the second query posted by you at url No. 200791 you have mentioned about HUF and not a self-acquired property.
sandeep kumar
(Querist) 18 June 2011
MR. Ramachandran,
Thanks for the reply, the property was converted to an HUF proeprty by my grandfather, so now my father automatically became the karta after the death of my grandfather. Does this help us in any wany?
prabhakar singh
(Expert) 19 June 2011
I REQUEST YOU MR.SANDEEP AND OTHERS TOO THAT PLEASE PUT BEFORE US PLAIN FACTS IN PLAIN MANNER,SO THAT EXPERT ANSWERING YOU MAY FEEL PLEASURE TO ANSWER YOU.
IT IS GOOD THAT Mr.R.Ramachandran REMEMBERED ALL OF YOUR queries.,BUT CERTAINLY YOU HAVE NO RIGHT TO BURDEN US THAT WAY.
