(Guest)

Sisters rights on the property before 2004 partion

Issue: This is property came from fore fathers. In a family 4 brothers and 3 sisters are there. Their father given the property to 4 brothers and the partion happened in 2001. Their father is still alive and In the documents does not shwoing any clarificatoin or partion happened to 3 sisters. Partion happend to only 4 brothers.
weather the ladies have rights on this property.
I know that there is hindu Successoin amendent 2005, says that before 12.2004 what ever partion happend this will not act.

Thus please suggest weather 3 sisters have rights or not.

Thanks
Madhu

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 25 January 2012

Dear Querist,

After 2005 - Daughters became equal coparcenors in Jt.Family Property with same rights & obligations as sons. However Partitions completed before 20.12.2004 cannot be opened. However if the parition is done before 20.12.2004 - but is not registered or is not through a decree of the court - it can still be challenged, and share sought. As per the existing facts if it is not registered you can seek a partition - everyone would get 1/8th share each.