My property share

Querist : Anonymous (Querist) 06 December 2011 This query is : Resolved
Dear sir/Madam
I have already filled suit for partition over the ancestral property about Karnataka amendment act 1994. Because I got the marriage in 1997. My suit is still going on from 2005. We have three sister and one brother. Other sisters are married in 1980, and 1989. My father is passed away in 2007. Before my father passed away in 2007 he transfer all property to my brother name in 5/6/2004 by registration deed in sub registrar.
Now my question is
1.I filled the suit for partition 1/3 share in the property is correct or not?
2.Some of the my friends told me for your case state act will not effect, depending upon central act, this is correct or not?
3.If central act is effect for my suit they said you are looses your share, please let me is this correct or not?
4.If central act is effect for my suit, before 2004 there is no partition in property? But my father is registered to my brother in 2004, what is the next way for me. Please give me good suggestion and help me.

Thank U
IndiraPrakash
Mysore

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M.Sheik Mohammed Ali (Expert) 06 December 2011
above said property is ancestral property then get all the legal heirs equal shares.if father self earned could not have rights to ask share.

Querist : Anonymous (Querist) 06 December 2011
Dear sir/Madam,
Explain in detail please,
Thank U

Raj Kumar Makkad (Expert) 06 December 2011
Neither you or any of your brother or sister have got any legal right to get the partition of the ancestral property prior to the death of your father. He expired in 2007 so you should now file a suit by withdrawing your earlier suit (with permission to file fresh suit) seeking setting aside the transfer in favour of your brother as your father could not have done so. You all brothers and sisters (and if you have your mother and grand-mother alive) then all are equal share-holders in the ancestral properties left by your father including the share illegally got transferred by him in favour of your brother during his life time.

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