Land partitioned before Dec,2004.father died before 2005.

This query is : Resolved 

08 April 2018

We are 3 Brothers and 2 Sisters. 1.80 acres of Ancestral property of My father shared by 3 Brothers (after death of father) in 1994. we paid Land tax on 3 Brothers Name from 1994.we have Land tax receipts as proof.we dont have registered Partition deed ,because we have pattadhar passbooks.we went to MRO office to computarize these passbooks. They said issued pattadhar passbooks are fake. Suggested us to apply for new passbooks in our mother name. They said after issue of passbook in our mother name, u can partition legally. We agreed and applied for passbook in our mother name. Accordingly revenue office issued pattadhar passbook in our mother name. By knowing this matter, our Elder Sister(who married 40 years back) silently convinced our mother and registered gift deed in her favour of 0.50 cents Land without our knowledge. mother Name in 2017. Today we came to know about this cheating. Immediately we asked our elder sister to cancel the Gift deed. But she is refusing our proposal. More over she is saying "she has a Share in 1.80 acre. She will not cancel Gift deed." We consulted few People for justice in our village. They said legal Points as Per Hindu succession act 2005, 1.women could not ask for a share if the property had been alienated or partitioned before December 20, 2004. 2.Daughters cannot inherit ancestral property if father died before 2005. With this points can we Go to Court and cancel Gift deed?

P. Venu (Expert)
09 April 2018

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