Partition

kumar (Querist) 03 August 2013 This query is : Resolved
Dear gentlemen,

I am having 2 sisters and i am the only son to my parents.We settled our family properties dispute(father's ancestral as well as acquired properties) in Lokadalath by effecting partition under family settlement.Ours is Hindu family and my father is alive.According to our customs we effected the above partition under family settlement.So our 2 sisters got less share in the partition.Remaining big share is in name of my father and myself jointly.During settlement in Lokadalath ours sisters agreed to take less share and my mother desired to leave her share in favour of joint family.so my mother didnot take any share.After some months my sisters are threatening me to give some more share because under hindu law daughters are entitled to equal shares as of sons.But in our case am having the following Doubts..
(1)According to Hindu law ,daughters and sons are entitled to equal share in the parents property.But in our case actually my sisters got less share when compared to my and my father joint share.This because of our customs .Do my sisters succeed in the above case,if they file a case for setaside the above partition?
(2)In the same partition my sisters relinquished their rights in all properties of my parents excluding the properties allotted to them.Do my sisters succeed in the this case,if they file a case for setaside the above?
(3)Do we effect a family settlement or a partition as per customs without considering Hindu law?

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Rajendra K Goyal (Expert) 03 August 2013
Whether the partition was agreed in Lok Adalat by your sister and the same was recorded. Whether your sisters filed any appeal on the proceedings of Lok Adalat.

kumar (Querist) 04 August 2013
Dear rajendra sir,

The partition was agreed in lokadalath by our sisters and also an award has been passed on the said partition.Till now our sisters not filed any appeal on the proceedings of the Lokdalath but they are threatening me to give some more shares to them because under hindu law daughters are entitled to equal shares as of sons otherwise they are ready to go for setaside the above award.

Raj Kumar Makkad (Expert) 04 August 2013
There is no scope for your sisters to agitate against once settled issue. An award has already been passed and recorded in the revenue record so your sisters can't go for appeal or file suit for setting aside the awrd.

kumar (Querist) 04 August 2013
Dear Raj Kumar Makkad Sir,

In the above case Award has been passed in Lokadalath but after that it is neither recorded in the revenue record nor registered in the registered office.So do my sisters agitate or appeal for setting aside the award?

Thank you..

Rajendra K Goyal (Expert) 04 August 2013
Agreed, nothing more to add.

kumar (Querist) 04 August 2013
Dear Raj Kumar Makkad Sir & Rajendra Sir,

In the above case Award has been passed in Lokadalath but after that it is neither recorded in the revenue record nor registered in the registered office.So do my sisters agitate or appeal for setting aside the award?

Thank you..