Claim of daughter over ancestral property birth before 1956
anandakumara
(Querist) 03 August 2012
This query is : Resolved
The plaintiff aged about 70yrs born before 17-6-1956 ( Karnataka) filed the suit against the her brothers for the partition of ancestral properties. The court granted the injunction against the defendants for not to alienate the properties. The defendants file an IA for the dismissal of the suit on ground that “ Barred to claim the right over the properties” because age about 70 yrs.
Facts:
In the 1984 properties are partitioned among the brothers of the plaintiff, without the knowledge of the plaintiff and partition is not registered. The defendants are try to partition the one property in the name of Plaintiff’s mother in 2011, and the same was objected by plaintiff.
The plaintiff has barred to claim right over the properties??
Please let me know any judgements
Advocate Bhartesh goyal
(Expert) 04 August 2012
Hindu Succession Act 1956,S 23 {After amendment} After 9.2.2005 any female heir can seek for partition even in respect of dwelling house by metes and bounds and maintain a suit for partition.Contention that Amendment Act 2005 can not be held to have retrospective effect and thus right and obligations of the parties should be determined as were obtaining on the date of institution of suit not tenable.
2009{4} civil court cases 304{SC} G Sekar vs Geetha & others
Raj Kumar Makkad
(Expert) 04 August 2012
In the given case, the plaintiff is not barred to claim partition as there is no formal partition involving him. Oral adjustment and possession over a particular property do not bar any of the parties to seek partition. The judgment is required to be brought by the party which has moved such application. You are not liable to produce it. Whosoever asserts must prove.
prabhakar singh
(Expert) 04 August 2012
"The plaintiff has barred to claim right over the properties??"
No! you have right to partition straight way,you age can not be bar in enforcement of your right.They need the judgement not you,though one already cited by Mr.Bhartesh goyal.
