Daughters rights
brsasireddy
(Querist) 28 July 2022
This query is : Resolved
Hi All,
There is a family of 5 siblings ( 3 sons and 2 daughters), The land of 15 acres divided in 1997 among the sons (excluding daughter in the partition deed and father was no longer alive at that time). One of the son sold some property on Dec 17 2004. Now the daughters put a case on court for the share and been running for 13 years in district court. The another son want to sell some of the property and shall I buy it even it is in litigation.
I read about this sections
"“Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004." - Can you please let me know this applies to the above case?.
Thanks
brsasireddy
(Querist) 29 July 2022
I am referring to ,
The right accrued to a daughter in the property of a joint Hindu family governed by the Mitakshara Law, by virtue of the 2005 Amendment Act, is absolute, except in the circumstances provided in the proviso appended to Sub-section (1) of Section 6. The excepted categories to which new Section 6 of the 1956 Act is not applicable are two, namely, (i) where the disposition or alienation including any partition has taken place before December 20, 2004; and (ii) where testamentary disposition of property has been made before December 20, 2004. Sub-section (5) of Section 6 leaves no room for doubt as it provides that this Section shall not apply to the partition which has been effected before December 20, 2004. For the purposes of new Section 6 it is explained that `partition' means any partition made by execution of a deed of partition duly registered under the Registration Act 1908 or partition effected by a decree of a court. In light of a clear provision contained in the Explanation appended to Sub-section (5) of Section 6, for determining the non-applicability of the Section, what is relevant is to find out whether the partition has been effected before December 20, 2004 by deed of partition duly registered under the Registration Act, 1908 or by a decree of a court. In the backdrop of the above legal position with reference to Section 6 brought in the 1956 Act by the 2005 Amendment Act, the question that we have to answer is as to whether the preliminary decree passed by the trial court on March 19, 1999 and amended on September 27, 2003 deprives the Appellants of the benefits of 2005 Amendment Act although final decree for partition has not yet been passed.
K Rajasekharan
(Expert) 29 July 2022
The actual query is not clear.
But if the partition was concluded before the specified date, it cannot be reopened.
It is true that as per 2005 amendment the right of the ladies begins from the date of their birth, but that is not applicable to the partition concluded before the specified date.
brsasireddy
(Querist) 29 July 2022
The partition deed was in 1997 and we bought the portion of s sons property in dec 2004. Daughters went to court now , will this applicable to sold property?
brsasireddy
(Querist) 29 July 2022
Pls advise the issue
K Rajasekharan
(Expert) 29 July 2022
If partition completed in 1997, the ammendment won't affect you.
brsasireddy
(Querist) 29 July 2022
Thx for the reply , appreciate
brsasireddy
(Querist) 01 August 2022
Hi, thanks for your replies. Another question, property brought in 2004(proper sale deed) in Tamil Nadu, the katha(patta) in my name. But When I went and apply for electric connection and building compound wall, the daughters of sold person objecting due to OS case in the district count. Is there anyway I can overcome/stop the daughters?. Thanks.
brsasireddy
(Querist) 02 August 2022
Hi Experts, any comments or suggestions?. Would appreciate. Thx.
