cpc

Daughter rights in partioned property

This query is : Resolved 
 


Querist : Anonymous (Querist)
22 September 2020

Dear sir/madam,
Recently supreme court clarified ⏬
“However, in exceptional cases where plea of oral partition is supported by public documents and partition is finally evinced in the same manner as if it had been affected by a decree of a court, it may be accepted,” the Bench held.

1) if ancestors property partition done in the year of 1999, before amendment 2005. Mutation done and Khata/Phani also transferred to brother's name.
2) some of properties are sold after 2005 by brother's.
3) father alive, and supporting daughter to claim ancestors property.

I want to know if partition suite filled in the year of 2013. And now it's in FDP stage daughter will get property rights or not


Isaac GabrielOnline (Expert)
22 September 2020

The daughter isa eleigible for her rightful share and the court case too may go in their favour.

Rajendra K Goyal Online (Expert)
22 September 2020

Read full judgement and discuss in detail with your lawyer.

kavksatyanarayanaOnline (Expert)
22 September 2020

The daughter is eligible for a share in the property. But now wait till the judgment come out.

K RajasekharanOnline (Expert)
22 September 2020

If partition of the property is concluded in 1999 and the property is further disposed of by the shareholders, such a partition cannot be reopened as per the 2005 amendment.

This is because the amendment basically is not applicable to any partition concluded before 20th December 2004 by either a partition deed or a court order, as per the amended act itself. Please see Section 6 (5) of the Hindu Succession Act.

This deadline has not been questioned in any case or any court reopened the deadline in any subsequent case including the recent one.

The recent Vineeta Sharma case is about the retrospective/retroactive operation of the woman’s right in a coparcenery property which has not yet undergone final partition so far due to pending cases or otherwise. It says the right of woman’s property begins from the date of her birth but not in concluded cases.


Rajendra K Goyal Online (Expert)
24 September 2020

Well explained by the expert K. Rajasekharan.



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