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Bhani Athreya (service)     24 October 2014

Ancestral property partition.. doubts aboutr female share

Hello Learned professionals...

Regarding My Father's share of property which he received by way registered partition deed of 1958. My father  received his share from my grandfathers share of property. He jointly hold the property with his unmarried brother (my uncle-C who died in 1969.)

They have other 2 brothers also (my uncle-A & my uncle-B). My father, uncle-A & uncle-B are all died since. My father, uncle-A & uncle-B are  married have family & children.

As suggested by professional experts here, we almost settling the shares with families of Uncles A & uncle B, in respect of portion of  deceased unmarried brother C,

Calculation we did is like this: 1/2 (half) of the joint property for my father. Remaining 1/2 (half) to be divided equally among 3 brothers ( my father, uncle-A & uncle-C)

Now another problem pops  up...

In the registered partition deed of 1958, only brothers were given shares and sisters ( total 2 sisters who were alive then) WERE NOT GIVEN ANY SHARE or they are not parties of the deed ( no relinquishment or anything is said in the registered deed)

These sisters have family and children who are alive.Now the family of these sisters are asking shares for the portion of deceased unmarried uncle C. Not only that they are telling since their mothers were not given anything at the partition of 1958, they are threatening that they will dispute and cancel the the registered partition deed on 1958.Or they are telling that the joint property which needs to be partitioned now should be divided equally among all 5 ( ie. Equally among 3 brothers & 2 sisters)

Do  we need to give share for sisters' family in the deceased brother C.s portion of property?

Or should we equally divide the whole joint property among all 5 ( ie. Equally among 3 brothers & 2 sisters)

Can the sisters' family dispute and cancel the partition deed of 1958?

We are confused, how to proceed further in this matter?

Please guide us



Learning

 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 October 2014

Dear,

 

Please refer Section 6 (5) of the Hindu Succession Act, 1956. It says that if the property has been partitioned before 20th Dec, 2004 and that to by a partition deed duly registered then it will be valid and prevail.

 

Adv Kapil Chandna

9899011450

Bhani Athreya (service)     25 October 2014

Respected Experts,

Thanks for the valuable reply sirs,

In the registered partition deed of 1958, only brothers were given shares. Sisters ( total 2 sisters who were alive then) WERE NOT GIVEN ANY SHARE or they are not parties of the deed ( no relinquishment or anything is said in the registered deed. No written relinquishment is done for sure.

On whether the registered deed of 1958 is challenged till now?

Regarding the registered partition deed of 1958, a lawyer notice was sent by one of the father's brothers to my father during 1969, asking for share in the property of the deceased. and my father had replied through a lawyer, totally denying it. No further actions for either side ( by my father or from my uncle who served lawyer notice)

The partition of this ancestral property by registered deed of 1958, done after the demise of their father in 1956.

So does it matter when (date) their father died in 1956 is of any relevance? That is before or after the Hindu succession Act 1956, for the daughters of deceased family to claim or challenge the deed of 1958?

Can they challenge it even now?

Thanks respected expertji.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 October 2014

Dear,

 

No no one claim any share from the same property. Law is clear on the point.

 

Adv Kapil Chandna

9899011450

1 Like

T. Kalaiselvan, Advocate (Advocate)     27 October 2014

You were given proper opinion and advises both in the PM as well as to the same query posted in another thread, my opinion remains.

1 Like

Bhani Athreya (service)     28 October 2014

Respected Expert Sri. T kaliselvan ji and other learned experts !!!

My sincere thanks for all the valuable replies.

The query regarding partition of a property, arose during amicable discussions among the family members.
By the valuable suggestions from the experts here, the discussions were progressing, with a set of co-owners( whom we thought are the only co-owners), some other claims started coming which were not foreseen,
Even some fresh claimants appeared, whom we thought are not claimants at all.

But we, (the major holders or persons in the possession of the property) had a conviction and resolve that the final partition should be done in a Fair and true manner, should not be a problem for the future generations also as it should be true to our conscience as well.

Respected experts,
Hence I was forced to post many queries,
on same subject, but with different points as they surfaced in the meetings or in the discussions, sirs...

I beg pardon, respected experts, for any inconvenience caused.
I express Sincere gratitude to the Experts... Sri.T. Kalaiselvan ji, 
Sri. Raj kumar makkad ji, Sri. Ajay sethi ji, Sri. Sudhir Kumar ji, Sri. Rajendra K Goyal ji Sri. Devajyoti Barman ji
and other experts on the forum sirs
...

T. Kalaiselvan, Advocate (Advocate)     28 October 2014

You are welcome for your appreciations, at the same time you may be informed that you should not see the forum's help on each and every development or new issues, use your prudence to find an answer or solution by yourself, if you are still stranded and need legal solutions, you may approach this forum to many number of times,  my last post was not to hurt you or dissuade you, it was an information that you should tackle the issue on your own too based on the real prevailing situation at your end.


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