I am manikam from chennai,In regards to my earlier queries.
Do the girls has the rights to claims an ancestors property ,which was executed as a settlement deed dated on 1962 by father in favour of their girls and the same was rewoked and executed as a partition deed dated 1966 in favours of their sons .
Can the settlement executed in favours of girls be revoked if the property is an ancestors property ?(not their father's self earned property )
Do the girls have any rights to claims such property.
1. Who are all the parties in the Settlement Deed?
2. How settlement deed cancelled/ revoked? is there any fresh revoke deed is there or not?
3. That girls are married or not?
4. In that partition said girls joined as the parties or not.
As per hindu succession act,2005 all girls has the equal rights in their ancestaral property but this amendment act does not invalidated any disposation/ alienation including partition which had taken place before 20th day of december 2004.
25 June 2009
As per that unregistered settlement deed that properties already allotted to the paries and that parties are already in peacefull possession and that setllement confirm their title in that allotted properties. In that circumstances parties should be cancelled that document through the jurisdictional court and the said parties also should be agree for that cancellation otherwise its not possible.
06 June 2011
Dear Mr. Manikam, 1. Can you please paste the settlement deed here so that one can clearly understand its contents and then opine properly? 2. When did the girls attained majority (age)? 3. When you say that the registered settlement deed was not acted upon, what is the basis on which you say so?
1) The said settlement deed had written in Tamil script . i will be translating soon into English and post you. 2) The girl attended major in the year of 1966 . 3) Was not acted upon refers to the following :
a)The girls got married and settled in different locality and they never been in the said property. b) After the expiration of their parents in 1997. She tried to claim the property in the year 1999 but their brother denied to handover the settlement property.
So ,She filled a suit against her brother in the year 1999
And the said suit was dismissed by Chennai Fast tract court in 2009 under the limitation act saying the girls was never been in the property and it was never challenged since the settlement was executed 1962.