succession

Anup Hadgaonkar (Querist) 22 January 2011 This query is : Resolved
that the hindu mail died inststet, living behind the one son(A), and two daughters (B&C), in the year of 1989, the name of A recorder to the recored of rights as Karta,
A,souled out the entier property back of the B&C in the year of 1989. now my
Q. Now they can claim their share in 2010 or not.
Q. If yes then what will be their share in the suit property?

I am from Maharashtra

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Devajyoti Barman (Expert) 23 January 2011
Yes the sisters can clam and the share would be 1/3rd. But they have to mention in the plaint that they have come to know about such trnasfer only in very recent times.

Parveen Kr. Aggarwal (Expert) 23 January 2011
Yes. The sisters can claim provided they establish that the alienation (their exclusion) was not within their knowledge. Their shares will be 1/3rd each.

pritamsaini (Expert) 23 January 2011
i agree with Mr.P.K.Aggarwal.In addition to in the plain should plead sale was without legal neccesisty.

R.venkatesh Naidu (Expert) 24 January 2011
As per te Hindu Succession Act,1956, Section 6(5) Nothing contain ini this section shall apply to a partition, which has been effected before the 20th day of December, 2004. when the property has not partitioned before 20/12/2004, Every person should right over the property. (i.e. male or female)

M V Gupta (Expert) 29 January 2011
As B and C have vested right in the property, the sale effected by A without joining B and C would not be biding on them. B and C can challenge the validity of the sale deed. The Puerchaser of the property should be impleded as party to the suit. Of course u should specifically plead in the plaint that the sale was not in ur knowledge and that u came to know about it only recently.

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