PARTITION SUIT FILING

svvsai devarabhotla (Querist) 30 July 2009 This query is : Resolved
Dear lawyers,

This is regarding my mother ancestral property,

my mother father is not written any vill and he also got the ancestral property,

In the year 1993 my mother brothers no(5), forcely taken the GPA (registered) in respect of ladies 4 members

and they have written parikatt (not registered) and

and they distributed the property among themselves,

and individually 5 brothers did the mortgage(registered) to one person in the year of 1994

and they have taken the releases of mortgage(registered) after 3 months in 1994

and they created the property like gift deed aswell in the year 1994,

after these things in 1995 the sisters 4 members went to register office

and they have cancelled the GPA(registered) saying we can manage our properties on our own.

the problem is the all the rest of the sisters got 1/2 acres as per the parikatt

and my mother didn't got the property now they are saying they wont give anything now.

so dear lawyers
1) kindly please guide me with G.O numbers, how can i and my mother can file the suite on my mother brothers?

2) If we file the suite do my mother get the property share equally?

3) do we can ask for the repartition?

4) How hindu succession act 2005 amendment will work on this case?

Thanks in Advance to all the lawyers

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sanjeev murthy desai (Expert) 30 July 2009
Dear sai,

You can file a suit for challange that parikath and claim that properties.

But in the so many cases are held that existance of partition with in the family prior to amendment act invalidated subsequent claming rights of others.

sanjeev desai

svvsai devarabhotla (Querist) 30 July 2009
Dear sanjeev desai,

may i know amendment act is invalidated or subsequent claiming rights are invalidated?

Y V Vishweshwar Rao (Expert) 30 July 2009
Subject to law of linmitation - a partition Suit can be filed

The Date of death of your Grand father(mothers father ) to be considered .

The Transactions /acts on the proerty which are prior to the Amendment 2005, to be continued / binding on the Calims of Dauthers.

svvsai devarabhotla (Querist) 30 July 2009
Dear vishweshwar rao,

The Date of death of my grand father is 1971

sanjeev murthy desai (Expert) 30 July 2009
Dear Sai,

If any partition existance with in the family before Hindu Succession act, 2005, subsequent claiming rights are invalidated.

sanjeev desai

svvsai devarabhotla (Querist) 30 July 2009
Dear Sanjeev,

Partition is existed within the family, but justice not done correctly and they are misused the GPA, then how can i file the suit for challenging the parikath

sanjeev murthy desai (Expert) 30 July 2009
Dear Sai

Subject property is ancestral nature so your mom has birth rights and co-percenary rights in that properties. Un registered partitioned deed cannot be aceptable in evidenace and Power of attorney also misused so your mom have good merit in the case.

File a partition suit.