Daughter rights in partioned property

Querist : Anonymous (Querist) 22 September 2020 This query is : Resolved
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

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Quick Summary

This discussion addresses a daughter's claim to ancestral property partitioned in 1999, before the 2005 amendment to inheritance laws. While the property was subsequently transferred and some parts sold by brothers, the father supports the daughter's claim. The Supreme Court has clarified that oral partitions can be accepted if supported by public documents and evinced like a court decree. However, partitions concluded before December 20, 2004, generally cannot be reopened, even if the daughter's right originates from her birth, according to Section 6(5) of the Hindu Succession Act. The recent Vineeta Sharma case pertains to properties not yet finally partitioned.

Isaac Gabriel (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 (Expert) 22 September 2020
Read full judgement and discuss in detail with your lawyer.

kavksatyanarayana (Expert) 22 September 2020
The daughter is eligible for a share in the property. But now wait till the judgment come out.

K Rajasekharan (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.

Message likes : 1 times

Rajendra K Goyal (Expert) 24 September 2020
Well explained by the expert K. Rajasekharan.

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