Hindu Succession Act 1956
Ananthakrishna P.U.
(Querist) 11 March 2010
This query is : Resolved
There is HUF in Karnataka (Mithakshari)consiting of Father, Mother, 2 daughters and a son having immovable agricultral property. First daughter married in 13.06.1994. Second Daughter Married in May 2001. Both of them given a GPA(unregistered) to the father releasing their rights. First daughter given GPA on 10.04.2002 and Second daughter given GPA on 26.02.2002. Lateron on 15.04.2005 partition (registered) taken place dividing properties between the Father and Son. The Intention is to transfer all the properties to the son. So majority of the properties are transferred to the son and only a small portion is with the father. It is mentioned in the deed that after the death of the father, the father's share should go to the mother and after the death of the mother same should go to the son. In partition deed it is mentioned the first daughter does not have right since she married on 13.06.1994. Now the questions are:
1) Is the daughters can claim back their right over the property again. The doubts arised since; a) partition after 20.12.1994, b) The first daugher is not part of partition deed since married on 13.06.1994. However, whether the the cut off date of marriage sometime in June 1994 is applicable in Karnataka or only in Maharashtra. c) The GPA's are unregistered.
My belief is that even though the partition taken place after 20.12.2005, since the daughters released their rights prior to that date (in 2002), they dont have the right again and partition is valid.
adv. rajeev ( rajoo )
(Expert) 11 March 2010
whether rights relinquish deed is regd., it is to be looked into.
Daughters being the co-parceners they have got right in the ancestral property of the father equal to the son.
But in the recent High Court decision of karnataka as successors daughters will accrue the rights.
If you want detail then you can refer the judgement reported in the ILR Karnatka sept 2009 issue
adv. rajeev ( rajoo )
(Expert) 11 March 2010
in my opinion its wrong judgement. SEc 6 of HIndu Succession act is amended and daughters are given equal rights. If the judgment is referred sec 6 is lost its importance
Raj Kumar Makkad
(Expert) 11 March 2010
Merely writing on an unregistered deed in favour of father by daughters way back in 2002 shall not be treated as a valid relinquishment deed as you believe. It is wrong. Even if partition has taken place, both the daughters can very well agitate fro their legal right/share in the property. It is right that married daughters do not form the part of HUF but it was prior to 2005 but partition has taken place after 20.12.2005 without impleading first girl so she can legally challenge the set things.
Ananthakrishna P.U.
(Querist) 12 March 2010
Thanks for your opinions sir. The GPA releaseing the rights to the father is not registered but notorised.
Also the date of first daughter who is not part of partition married on 13.06.1994. I have read somewhere that daughters married prior to some day in June 1994 donot have right in the partition. Is it correct?
