Partion of ancestral property

sachin (Querist) 23 October 2011 This query is : Resolved

sir, if a male died(1984) before amendment in HSA-2005. and no partion was made between heirs.living heirs are 1 son and one daughter.

now if partion is demanded by heirs after 2005 amendment, then how would be it done. what are shares of daughter and son.
HSA says after 2005 daughters have equal right and ammendment will not will not effect partion before 2005, but this partion is after 2005
will daughter will get equal share?say ancestral property is 100 acre for explanation of share?

thanks in advance.

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R.Ramachandran (Expert) 23 October 2011
Dear Mr. Sachin,

The decision of the Supreme Court in "Ganduri Koteshwaramma and Anr. Vs. Chakiri Yanadi & Anr." Civil Appeal 8538 / 2011 dated : 12th October 2011" does not appear to be based on any sound settled legal principles.

Please visit

http://www.lawyersclubindia.com/experts/Partitition-239761.asp

where I have given (on 22.10.2011) my detailed reasoning for saying so. I do not want to paste the said reasoning here once again.

Thus, your case can still be argued that you are entitled for 60% while each of your sisters only 10%. I am confident that you will win. The latest SC decision can be distinguished and faltered.

prabhakar singh (Expert) 24 October 2011
I am in complete agreement of view expressed by Mr.Ramachandran.

R.venkatesh Naidu (Expert) 24 October 2011
the daughter has right to got equal share in the ancenstral property, under the amened act of 2005, if the property has not partitioned on or before 24/12/2004.

sachin (Querist) 26 October 2011
my laweyer also says that women will get equal share. and the supreme court descision will solidify their case

R.Ramachandran (Expert) 26 October 2011
Dear Mr. Sachin,
I think you have not gone through my views. Otherwise, you will not say "my lawyer also says...."
In fact, I am saying some thing different than what your lawyer says.
I have given some citations in my earlier reply at http://www.lawyersclubindia.com/experts/Partitition-239761.asp they are all 3 Judge Supreme Court decisions. Therefore, the latest 2 judge bench decision cannot go against those earlier decisions. Your lawyer has to bring those points before the court to say how the latest sc decision is not applicable to your case.