Partition

This query is : Resolved 
 

(Querist)
18 January 2020

sir a father had 5 daughters and 2 sons having joint family property . he has sold certain separate sy. no.agricultural lands each time during dughters marriage at different points of time from 1972 to 1990 to get marriage of daughters .now residual property is in the hands of sons .now 4 th daughter having sold her share given as pasupu kunkuma a gift in telangana during marriage filed a suit agansit her father and mother and sons family making remaining daughters ( who settled in laws house ) as parties. can she cliam second time in partition suit after having recieved land and sold her share alloted during marriage I want to have expert advice whether section 6 of hindu sucession amendment act 2005 is applicable to already dividided property due to marriages .what is recourse to sons to save their residual land


KISHAN DUTT RETD JUDGE (Expert)
18 January 2020

Dear Sir,
It is a point to be decided technically depending upon facts of the case. Normally second partition suit is not allowed. It must be established that the said property is ancestral property coming from last four generations.

kavksatyanarayana (Expert)
18 January 2020

Does joint family property mean ancestral property? You mentioned in your query that your father sold agricultural lands separately for each time at the time of your sisters' marriage. And mentioned that her (4th daughter) her share as pasupukumkuma as Gift. so When did make the partition. Your query needs clarity.

Dr J C Vashista (Expert)
19 January 2020

You have not disclosed whether subject property was ancestral or self acquired by father ?
Whether joint family property means "Hindu Undivided Family" property or purchased/ acquired from joint family funds ?
If it was self acquired the father was competent to dispose it off.
Even if it was ancestral the father can sell it for "needs" and "necessities"
It is advisable to consult a local prudent lawyer with relevant records for better appreciation of facts, professional advise and necessary proceeding.

P. Venu (Expert)
19 January 2020

Yes, what do you mean by "Joint Family Property"? Facts posted suggest that it is not ancestral property, but the self-earned property of the father.

rajashekhar (Querist)
19 January 2020

dear sir to clarify the lands are agricultural inherited to father through her maternal grand mother and the maternal grand mother is having one daughter.after grand mother they came to her daughter said daughter is having having two siblings one of sibiling being girl got married and setttled in laws house .hence all residual property came in the hands of other sibling who is father in the instant case .now this father's daughter is plantiff in suit aganist sons .thus property is ancestral in nature

rajashekhar (Querist)
19 January 2020

sale of lamd started in 1972 with first daughter marriage and ended in 1990 with last sale in 1992 for 5 daughter marriage and from 1990 on ward's sons are in possession for their share in land through oral arrrangement .question is can daughter can reclaim 2 nd time through suit now by section 6 of hindu sucession act 2005

rajashekhar (Querist)
19 January 2020

sale ended in 1990 plesae advice sir

Sb Karma (Expert)
22 January 2020

Technically they are eligible for demand.......BUT
if your father sold those property(land) after title given to your sisters then they can't demand more.
Means,if already your father first transfer the share of your sisters land to them then sell it for marriage then they can't demand more,but if your father did not transfer to your sisters then they may take part on partition.

For Example
*if your father have 7 acre land and wish to give it equally to all children then all get 1 acre each,
Now if he sell 1 acre for one marriage means remaining land is 6 acre.
**Now again on 2nd marriage he sell 1 acre then remaining land is 5 acre....but children are same 7
*****and so on.......

But if he already divided, then sell each land for their marriage,then no one will interrupt.....

So it was just example,we need to go through details documents and facts before any suggestion,so please consult your local lawyer with all docs and facts via online its not easy to solve....i just give you simple example to understand in details...hope you like and understand.

T. Kalaiselvan, Advocate (Expert)
Click to Talk
26 January 2020

Assuming that your father is living and the properties belonged to yor father either by inheritance or self acquired, then the properties shall be your father's own and absolute properties
In the given situation, nobody even the sons can claim any share in the property as a right, at least not during his lifetime.
If you confirm that your father is not living anymore, and if he is reported to have died intestate then even though your father has gifted or settled any property to your sisters, she still has rights in the properties left behind by him without making any arrangement.
The oral partition among the sons after your father's lifetime is not valid especially excluding the daughters without giving any compensation or share in the proeprty to them and without they having relinquished their rights by a registered release deed, hence if this situation prevails, your sister has a right to claim a share in the property as per law.
You may ascertain the facts and revert with queries for more proper opinions from experts and lawyers of this forum.



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