Partition law
SHAILENDRA PRIYA
(Querist) 28 October 2011
This query is : Resolved
AS PER HINDU SUCCESSION AMENDED ACT 2005 WOMEN HAVE EQUAL RIGHTS OVER THE ANCESTRAL AND FATHERS PROPERTY BY BIRTH. BUT THEN IN PUSHPALATA CASE WHY IT HAS BEEN GIVEN AS WOMEN BORN BEFORE 17/6/1956 DOESNT HAVE EQUAL RIGHTS?
sanjeev murthy desai
(Expert) 28 October 2011
Succession act enacted from on that day. Earlier mitakshara law was followed in India. As per mitakshara daughters do not have any rights in the property. Hence, Hon'ble court in pushpalata case held that from the enactment date of succession act, all the daughters are have equal rights by birth and marriage is immaterial to get such rights.
Raj Kumar Makkad
(Expert) 28 October 2011
Hindu Succession Act cam into existence on 17.06.1956 so daughters born prior to that date were denied equal rights.
prabhakar singh
(Expert) 29 October 2011
The judgement of Apex Court pronounced recently suffers from several errors is my humble view and has failed to visualized the correct principals involved in formation of a coparcenary as envisaged by amending Act 2005. In particular it failed to see when a succession would really open.
SHAILENDRA PRIYA
(Querist) 04 November 2011
S PRIYA
Partition suit
Sir,(to all lawyer club members)I am really sorry sir since i did not knew how to open that thread Mr.Sanjeev kumar shah showed the way i once again thank him. One more thing i wanted to know what was what might be the age of Ghadhuri Koteshwaramma who won the case in supreme court with ref to ancestral property on 12-10-2011 and what might be the age of Chakiri venkatswamy at the time of his death and what might be the age of Chakiri Yanidi at the time of filling the case in trial court sir this would be of very important to me because in mysore district court they have dismissed the appeal citing that my mother is born before 17-6-56. Sir i request you once again to give me details.
Sir, (to mr Ramachandran)this is priya from mysore I am giving these reply with reference to the following query.earlier in my enquiry i had given these details
PROPERTY: DWELLING HOUSE IN THE HEART OF THE CITY OF MYSORE AND AGRICULTURAL LANDS FROM 20 KMS FROM MYSORE
great grand father: Thimmappa
grandfather: Ananthrajaiah
father: Jeevandraiah
Jeevandraiah had 8 children out of which 6 are female and 2 are male out of 6 females 2 are born after 17-6-56 and the remaining 4 are born before 17-6-56 Jeevandraiah died in march 2004 no will or any type of agreement During the period of jeevandraiah we were fighting a partition suit in the district court of mysore we lost the case only because of date of birth of my mother I am the daughter of one of the females of Jeevandraiah who is born before 17-6-1956 we lost the case for equal share only because of N Kumar judgment in Bangalore high court.
Sir, Ramachandran had asked following questions
1. Whether AGRICULTURAL LANDS were self-purchased by your great grand father Mr. THIMMAPPA or he received it from his father etc.?
2. Whether the Dwelling House was self-purchased by your great grand father Mr. THIMMAPPA or he received it from his father etc.?
3. In which year Mr. Thimmappa die?
4. In which year did Mr.Anantharajaiah die?
5. Can you state the exate date of death of Mr. Jeevandraiah?
6. Whether the property was partitioned by Mr. Jeevandraiah between his sons? If so, when (i.e. the year) did he partition the same?
7. In which year did your mother file a case for equal partition?
8. The property is in whose name presently?
here are the details.
1. AGRICULTURAL LANDS (As per the govt revenue dept karnataka, the lands are in the name of my mother and aunts it states that it is gifted (inam) by govt directly)
2. Dwelling house was built by Ananthrajaiah but the place was given to Mr. Thimmappa by the maharaja of mysore.
3. death date of thimmappa and ananthrajaiah not known
4. exact date of Mr.Jeevadraiah 20-3-2004
5. property was not partitioned between Mr.Jeevandraiah and his sons.
6. In the year 1994 a case was filed for partition by suresh (jeevandraiah son) the case went on till 2010 when my mother and aunts filed the case for equal share in ancestral property.
7. The property presently stands in the name of Mr.Jeevandraiah.
Sir i hope what all the information i knew i have given is correct sir plz reply sir
PRIYA.S
SHAILENDRA PRIYA
(Querist) 05 November 2011
Sir,(to all Lawyer club members) This is Priya from Mysore. I have posted my reply and query in the first thread. Sir, Please reply so that i can further proceed in my case. Sir, i once again request you to please reply.
PRIYA S
SHAILENDRA PRIYA
(Querist) 07 November 2011
sir, this is priya from Mysore. I wanted to know sir why no reply has been given sir please give me reply so that i can proceed further.
PRIYA.S
