Hindu Succession Act, 1956
SATISH KUMAR
(Querist) 24 July 2009
This query is : Resolved
My father expired in 1996 intestate. we are 3 brothers and 3 sisters. one married sister filed a suit for partition and her share in 1999.we took plea of section 23 of the HSA,1956. now that has been deleted.there is no mention in the amendment whether it is prospective or retrospective. can she still force partition of the propert and claim her share? is the suit time barred under the limitation act ? can one of the defendant pay her the share and take relinquishment deed from her in his/her favour and save the property from beind sold? can anyone of the defendants file another suit and claim his/her share in future?will the decision in the present case operate as estopple against all the present defendants in any future suit anyone of them file for the same cause i.e partition of the intestate property? what precaution/plea can the defendants take now before the court?
Y V Vishweshwar Rao
(Expert) 25 July 2009
In Suit for Partition the causes arises on the date of death of the of last full owner ,therefore all those causes where the person died prior to 9th september 2005 , the old Act will apply !
n.k.sarin
(Expert) 25 July 2009
In my opinion Mr Rao correctly advised.In addition to that if the said partition suit decided by the court,another suit with the same cause of action and between the same parties barred by under sec 11 of c.p.c.1908.
There is no limitation for partition suit.
n.k.sarin
(Expert) 25 July 2009
In my opinion Mr Rao correctly advised.In addition to that if the said partition suit decided by the court,another suit with the same cause of action and between the same parties barred by under sec 11 of c.p.c.1908.
There is no limitation for partition suit.
G. ARAVINTHAN
(Expert) 25 July 2009
You better to give her partition to purchase peace.
if not, litigation proceed to several years and in the result, one of the share may be gone for litigation expenses
charudureja
(Expert) 31 July 2009
i fully agree with Mr. Rao n Mr. Sarin. tehy have given the right advice
