Distribution of land (ancestral)
kapil dehuliya
(Querist) 07 August 2011
This query is : Resolved
sir my father died in 1967, and my mother in 2009. i have one sister, i am 45 years old my sister is 49. we had ancestral property of 40 acres land. i have filed a suit for my share in land for 30 acres land by hindu law in 2009. but court has denied and ordered for 50%.according to ammenmend in 2004-05. but my question is that my right was from my birth, and i and my sister were born before 2005.so partion should be according to 1956 HSA.
but court says that the suit was filed after law so the partion would be as of now provisions
so please clear my doubts
R.Ramachandran
(Expert) 07 August 2011
You have to come with complete details about the property. How did your father get this property? Did he purchase it? Or did he get it from his father etc. If he got it from his father, then when and in what circumstances he got the land. When did his father pass away. Whether your father had brother(s) and sister(s?
The property is situate in which State?
When did your sister get married?
M/s. Y-not legal services
(Expert) 07 August 2011
Am agree with experts.. Same time this is court's thought. That as a legal heirs to your deceased parents you and your sister will get equal share only. As fifty fifty.
kapil dehuliya
(Querist) 07 August 2011
my father got property from his father, my father was only child of my grand father.my grandfather passed away many years ago.property is in indore (mp). and my sister got married in 1982.
.
and now we are only two legal heirs me and my sister. please help me
books online, utorrent
R.Ramachandran
(Expert) 07 August 2011
Please also paste the order of the court. We have to find out the reasoning given by the Court. There is no point in our giving our views without knowing the court order also, because the court would definitely articulate the facts in its order.
R.Ramachandran
(Expert) 07 August 2011
It seems that the Court has not agreed to your claim that the property is ancestral. The Court appears to have treated the property as personal property of your father and not ancestral property. We have to therefore find out the reasoning given by the court.
M/s. Y-not legal services
(Expert) 07 August 2011
Actually in which ground you are stating that your share is 30 acres out of 40 acres?
prabhakar singh
(Expert) 07 August 2011
Expert R.Ramachandran is right i would like to abstain from my opinion in absence of courts'order.
R.Ramachandran
(Expert) 07 August 2011
Dear Mr. Tom,
It the property was ancestral, then at that point of time when his father died in 1967, the property could have been divided only between the coparcenars i.e. his father and the querist. In which case each would have got 20 acrs.
In view of Section 6 of HSA, the share of 20 acres which goes to the father has to be inherited equally between him and his sister. Thus, the querist will get 10 acres from inheritance while his sister will get 10 acres.
Therefore, totally the querist would get 30 acres, while his sister will get only 10 acres.
However, the court does not appear to have treated the property as ancestral therefore the entire property has gone by way of inheritance equally between the querist and his sister - each getting 20 acres.
kapil dehuliya
(Querist) 08 August 2011
sir, i havent recieved the copy yet,as decision was recent, but the main points were that
1)court admits that land is ancestral
2)the suit was filed after HSA ammendments nov 2005
3)there was no partion among parties before today
4)there is no doubts regarding any word related to coparcener in section 6 of HSA after 2005, provision will be as of now rules ie property would be divided equally among son and daughter. daughter would be treated eqully,whether born before or after 2005.
super mario games, utorrent
R.Ramachandran
(Expert) 08 August 2011
Better get the order of the Court first. It will be useful to discuss the matter thereafter. Otherwise we will only be beating around the bush.
