partation suit effects by repealing act 2015
murali mohan c
(Querist) 28 August 2015
This query is : Resolved
Dear sir on 13-10-2014 my parents threatened they will stop my marriage which was on 19-10-2014 and posed threat to my life so because a marriage comes once in a lifetime i signed the release deed which i dont like am only daughter to my parents and a brother but my parents need everything to my brother only.. Later my marriage was performed and as soon i went to my husband home i informed them later my in laws questioned my parents but my dad said nothing to give for a girl who goes for some other family.. Later i approached police authorities but they refused to take complaint because of local power of My dad..than onb19-12-2014 i filed civil suit for cancellation of release deed and for partition according to HSA 2005 for my 1/3share... Later i filed a private complaint and it resulted in a chargesheet... Now still they didnt even turn but laughing at me because on 13-05-2015 in lokasabha bill is introduced and daughters will have no share in ancestral property and my suit will be dismissed .. Is this is true really an act is coming where women has no share... One more thing the deed is registered one am being graduate for their threat i signed and the release deed is of no consideration and in the release deed out of 5 acres my dad said in the deed he will gift 8guntas after obtaining sketch copy... Please tell will i win my case On grounds of coercion and undueinfluence and about repealing act on my suit
murali mohan c
(Querist) 28 August 2015
Sir am using my husband Mail id and recently i joined llb in Bangalore..please provide your opinion and guidelines to me
Anirudh
(Expert) 28 August 2015
1. Please take it that the repealing Act of 2015, has not affected the rights of the daughters in the family in ancestral property. The amended provisions of 2005 which granted equal right to the daughters in the family in respect of ancestral property is still in force. That has not at all been affected or taken away. (Many persons are wrongly understanding the effect of repeal of the Amending Acts. You need not bother.)
2. As regards your query whether you will succeed in your case or not - it will depend upon very many factors.
(a) First you should be sure that the property in which you are asking share is 'Ancestral property' and not the self-earned property of your father.
(b) If the property had come to your father from your grandfather, and if your grandfather had died after 1956, then the property is not 'Ancestral' but separate property of your father.
(c) If the property is separate property of your father, then during your father's life time, nobody can ask for any share in it.
(d) It is not clear whether you signed the Release Deed before the sub-registrar's office and the same was registered. If the release deed was not registered, then it has no validity at all.
Since you seem to have very quickly lodged a complaint and also filed a suit for cancellation pleading 'coercion', undue influence etc., in obtaining the release deed from you by your father, due weightage will be given to your allegation.
You have to discuss the entire matter before a lawyer in your locality and then take appropriate action.
murali mohan c
(Querist) 28 August 2015
Sir am anupma 24 years old my brother 26years old My dad 58 years old my mom 46years ..my dad working as second division clerk and my mom school teacher .. And mine is a arranged marriage only...
Anirudh
(Expert) 28 August 2015
Please do not give unnecessary information, unless any expert in this LCI asks for such information.
murali mohan c
(Querist) 28 August 2015
Its registered in sub registrar office and its purely ancestral property .. Guru reddy :lakshama reddy ;venkat reddy :vasu reddy ... Vasu reddy is my father .. Venkat is my grand father qnd lakshma is great grand father.. The property is purely ancestral its all mentioned in release deed and also in mutation extracts
Anirudh
(Expert) 28 August 2015
IF it is ancestral, you definitely have a share as per Hindu Succession (Andhra Pradesh Amendment) Act, 1986, and also 2005 Amendment Act.
The only thing is presently your case for cancellation of the Release Deed given by you has to be pursued properly.
murali mohan c
(Querist) 28 August 2015
Sir kindly provide me the details now my suit is pending in court if HSA changes in future does it effects my suit
murali mohan c
(Querist) 28 August 2015
Dear anirudh sir will the release deed cancel on grounds of undueinfluence .. Wat are the merits for undueinfluence
murali mohan c
(Querist) 28 August 2015
Sir am very thankful for ur guidelines ....
