Female rights in property
Athi Vishal HD
(Querist) 22 January 2015
This query is : Resolved
Respected Sir/Madam,
I am Prashanth from Karnataka.
My Grand-father has 5 Childrens, out of them 1 is female (My Aunt) whose DOB is 06-06-1953.
After my father(in 1983), Grand-Mother (1999) and Grand-Father's(2007)death, we approached the Civil Court for partition of properties which held in the name of Grand-Mother (Purchased by her) and Grand-Father (both purchased and inheritance) and settled the matter in the Court by the way of Compromise in 2012.
While compromising My Aunt is stating before the Hon'ble Judge and also in writing that "I have no rights in the properties and also I don't want any properties, so I accepted the partition". She also signed the Compromising Order issued by the court.
After that we enjoying the properties. But now suddenly MY Aunt and her Childrens are demanding the 1/5 share in all the properties.
1.Is she entitled for 1/5 share? (As per the order given by High Court of Karnataka in RFA No.326/2004, it is cleared that only female who born after 17-06-1956 will be entitled)
2. Is My Aunt's Childrens are entitled for their share?
Please suggest me.
T. Kalaiselvan, Advocate
(Expert) 23 January 2015
If it was a self acquired property or inherited through a partition by your grandfather, your aunt has a right to 1/5th share in the property. Though the court has drawn a decree, she may challenge that by an appeal stating that the others have cheated her by not providing any compensation due to her share in the property hence she now seeks partition.It is maintainable.
Dr J C Vashista
(Expert) 23 January 2015
Generally a consent decree becomes final and unchallengeable, since she has already relinquished her share even before the court.
However, manipulating the facts/ circumstances she can take a chance, where chances are bleak, I differ with the expert opinion and advise of Mr. T. Kalaiselvan.
malipeddi jaggarao
(Expert) 23 January 2015
The consent decree is clear by enumerating the right of a female descendant who born before 17-06-1956 and after that date. Since your aunt born before that the cut-off date, she does not have any right over the property by inheritance. Secondly, she has already relinquished her share (whether entitled or not) and the fact is taken place in the consent decree. Any dispute by your aunt or her legal heirs at this stage is not maintainable. They have prove two things - your aunt's date of birth wrong - her consent for relinquishing the property is fraudulently obtained. It is very difficult to stand on these points. Hence I agree with the opinion of expert Dr.J C Vashista.
Rajendra K Goyal
(Expert) 23 January 2015
Your aunt has agreed and relinquished her rights before the court, accepted the consent decree, her claim may not succeed.
R.K Nanda
(Expert) 23 January 2015
nothing to add.
T. Kalaiselvan, Advocate
(Expert) 26 January 2015
I stand corrected after analysing the facts once again properly and I agree to the opinion of expert Dr. Vashista. I admit that the error occurred due to hurry in understanding the query properly. Dear Vashista sir, thank you for correcting me. I agree to the views of expert Mr. Malipeddi Jagga Rao too that since she took birth before the commencement of the HSA 1956, she is not eligible for a share through partition, the fact which went out of my notice.
