Inheritance property
skanda vallishayee
(Querist) 26 October 2011
This query is : Resolved
hi my name is geetha born on 1952 in karnataka. i want to know whether i would get equal share in my fathers property.
i filled a suit on 1992 where court has given its verdict saying that we don't get equal right as it is an ancestors property in 2005. after the recent amendments in 2005 we again filled a new suit in 2008. till date no partition has happened and only preliminary decree has taken place and none of brothers have taken steps for partition and registration, know i want to know whether i would get share in my fathers property ? please help me on this
note: i was born in 1952.
sanjeev murthy desai
(Expert) 26 October 2011
If such decree has been passed before 2005, then you don't have rights.
prabhakar singh
(Expert) 26 October 2011
Your query is a bit ambiguous in the sense that a daughter is treated equal heir along with son and is entitled to equal share in fathers property.
If you are talking of coparcenary then you need to come along with clarity with full detail of facts.
skanda vallishayee
(Querist) 27 October 2011
myself(geetha) and my sister filed a suit on our brothers for partion of our fathers property, where our father has not made any will, the following events took place after that
We failed for partition and separate possession in in 1994.
learned principle civil judge of shimoga (karnataka) passed judgement and preliminary decree passed at 12.12.03 and we have been allotted 1/15 th share.
in the view of the amendment to hindu succession act by the parliament of india by virtue of C.A 39/2005, the petitioner is also entitled for an equal share with that of male heirs under section 6 of the hindu succession act
since the decree passed on 12.12.2003 is preliminary one and final decree proceedings is yet to be filed and in the view of hindu succession act (amendment) 2005 has been amended, the
(we) petitioner filed an application under section 151 r/w section 152 of cpc with a prayer to modify the judgements decree to grant equal share instead of 1/15th share
the learned trial judge dismissed the application at 5.6.2008 stating the application filed by the plaintiff has barred by the limitation
As such a writ petition MO. 10926 of 2008 was moved in high court against the above decision.
the honorable high court is of the opinion that we have to challenge the preliminary decree itself seeking the modification of share instead of filing an application for rectification of shares with section 151 & 152 of cpc.
in the view of the above a fresh application was moved in the court at shimoga ( district of karnataka ), court has fined rs 500 for delay in admitting case and the case has been filed once again, its is pending for argument
in the above circumstances we would like to know
possible outcome of the decision
sanjeev murthy desai
(Expert) 28 October 2011
Out come of the decision is depend upon case merits/evidence/arguments. Your case is still in pending in the Hon'ble court, hence no comments.
