Female rights in ancestral property
Athi Vishal HD
(Querist) 04 February 2018
This query is : Resolved
Respected Sir/Madam, I am Prashanth from Karnataka. My Grand-father has 5 Childrens, out of them 1 is female (My Aunt) whose DOB is 06-06-1953. After my father(in 1983), Grand-Mother (1999) and Grand-Father's(2007)death, we approached the Civil Court for partition of properties which held in the name of Grand-Mother (Purchased by her) and Grand-Father (both purchased and inheritance) and settled the matter in the Court by the way of Compromise in 2012. While compromising My Aunt is stating before the Hon'ble Judge and also in writing that "I have no rights in the properties and also I don't want any properties, so I accepted the partition". She also signed the Compromising Order issued by the court. After that we enjoying the properties. But now suddenly MY Aunt and her Childrens are demanding the 1/5 share in all the properties. 1.Is she entitled for 1/5 share? Please suggest me.
Vijay Raj Mahajan
(Expert) 04 February 2018
Legally she may be entitled to 1/5th share in the property, however she has already relinquished her share in the court during her compromise agreement and now she is bound by the agreement and law or doctrine of estoppel which prevents her from alleging or denying a fact, in consequence of her own previous act, allegation or denial of a contrary tenor. That is, she may not legally argue against her own words or acts.