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Property partition

(Querist) 06 February 2014 This query is : Resolved 
A partition case was filed for the property registered in the name of father. Both father and mother has expired having three sons (S1, S2, S3) and three daughters (D1, D2, D3).

Case was filed by three daughters. During the lifetime of father some part of land are sold by him for the benefit of family. After expiry of father three sons had partitioned the property without the consent of daughters. Share was allocated equally to all three. Each having 4 acres of land.

Three daughters had filed case against the sons, claiming their share and for equal partition of property.(I am among three daughters). Although property is ancestral, but as we could not produce any documentary evidence, so in the judgement, magistrate assumed the property as self-acquired. (however witness said that property is ancestral).

After judgement we are surprised to get an order that only 2 acres of land are provided to the daughters from the share of S2 (middle son only). And the shares of rest of sons are intact.
Also the valuation of 2 acres of land ordered are extremely less as compared to the other lands.

now, we want property to be partitioned equally among all because valuation of different lands are different. Also we don't want that land to be provided from the share of only one ignoring the share of rest two sons.

Is it possible under such situation.

Also I want to know whether such judgement is justified (at least to some extent) or is intentional (may be money matter involved)
T. Kalaiselvan, Advocate Online (Expert) 08 February 2014
The judgment order need to be seen to give an opinion, as per you if the property was self acquired by your father, all his children are entitled to an equal share in it.
R.V.RAO (Expert) 08 February 2014
after amending hindu succession act in 2005,daughters are entitled to same/equal rights in ancestral property as sons.

the queriest claims the property as ancestral, and therefore entitled to same share as sons in the ancestral property along with her other brothers and sisters.

the 2005 YEAR amendment to Hindu succession act was warranted to avOid discrimination agaInst daughters AND also guarantee their right to equality under article 226 of constitution.
This is a landmark amendment to our constitution.
Raj Kumar Makkad (Expert) 08 February 2014
The daughters have got equal right in the ancestral property after HSA 2005.
krishna mohan (Expert) 10 February 2014
You may give more details about the judgment. If you are an Hindu, according to the relevant provisions of the Hindu Succession Act all legitimate children have equal share. Hence if lesser share is given for daughters through a judgment by court, you may consult the lawyer who represented you for the reasoning cited by the court. Also check why no appeal is preferred with the prescribed time in the light of above provisions.
R.V.RAO (Expert) 11 February 2014
pl. answer sri mohanji's query ,it helps further in the matter of this query.


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