Family partition
Ramesh
(Querist) 27 April 2012
This query is : Resolved
Sir,
My sister got married on may 1st 1993, at the time of marriage movables and two sites were given to her though the sale consideration is paid by my father the sites got registered in her name as a purchaser.
Now my father expired and we are planning to partition the properties among my mother and two sons.
My query is is my sister is required as a party for partition?
Ramesh
(Querist) 27 April 2012
Since she got married much before 1993,and amendment June /2005 (before the amendment affected with respect to the rights over properties for females)
SAINATH DEVALLA
(Expert) 27 April 2012
Dear Ramesh,
After the recent amendment to the The Hindu Succession Act, ladies get equal right to equal share of her father's property along with her brothers.
Shonee Kapoor
(Expert) 27 April 2012
nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Suhail A.Siddiqui
(Expert) 27 April 2012
All legal heir required to be party in partition suit.
MohammedRaffiq Bijapur
(Expert) 27 April 2012
Ramesh Bhai
I too agree with the experts
However if u are in Karnataka why dont u take advantage of Karnataka State Amendment of 1990
Anirudh
(Expert) 28 April 2012
I AM VERY VERY SORRY.
THE EXPERTS WHOEVER ANSWERED HAVE TO INTROSPECT.
I AM QUITE DOUBTFUL WHETHER THEY EVER UNDERSTOOD THE FACTS OF THE CASE AT ALL.
The Querist says that at the time of marriage of his sister in 1993, immovable property was purchased in her name and given to her.
According to the querist, since the entire consideration was given by his father (and not the sister), and now that his father has expired, they want to partition the property among the querist's mother and two sons (namely the querist and his brother).
The real question first the EXPERTS have to address is - (i) whether a property which has been purchased in the name of a daughter in 1993 when the father was alive, can be said to be the property of the deceased father? If so, what is the basis for this?
The next question, whether the married sister, in whose name the property has been purchased (even though the consideration was paid by her late father) can claim the property to be her exclusive property and no one can have any interest over it?
Then, if the Experts come to the conclusion that the property is capable of partition as proposed by the querist, whether it can be done without the consent and signature of the married sister in whose name currently the property is.
Some Expert says talks about recent amendment in the year 2005 to the HSA - which is totally irrelevant in this case.
Yet another Expert talks about Karnataka Amendment Act - which is equally inapplicable.
To cap it all, one says there is nothing left to be added!
What a pity.
WITHOUT DOING ANY OF THE BASICS, IF THE EXPERTS HAVE ANSWERED THE QUERY, I AM VERY VERY SORRY THEY ARE NOT DOING ANY SERVICE AT ALL TO ANYBODY.
Ramesh
(Querist) 28 April 2012
There is some clarification to the experts, Since the two properties given to my sister at the time of marriage , now we mother and two sons are planing to partition the remaining properties excluding the properties given to my sister (during marriage)& excluding sister.
prabhakar singh
(Expert) 29 April 2012
I too Join Mr. Anirudh concern.We must avoid recklessness.
prabhakar singh
(Expert) 29 April 2012
@author : Ramesh!
properties given to or bought in her name by your father shall be treated to be her exclusive property in which none of you have any share of any kind.
With regard to your second query my answer is that if your father died intestate say without making a will then not only his widow and sons but also all daughters,
married or unmarried shall be entitled to inherit equally.
Hence your sister married in 1993 or in any year,is also entitled to share in properties along with you all.The fact that your father bought properties in her name on her marriage can not exclude her from inheriting other properties left by your father,as an heir of him,unless she willingly agrees, to relinquish her share by a registered relinquishment deed.
