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Suggest me to proceed further to defend

(Querist) 10 April 2009 This query is : Resolved 
We have ancestral Property inherited form my forefathers i.e from my Fathers Grandfather.

My grand father has 6 children(2 Sons+4 daughters).

Two daughters got married in 80s itself.
(for this reason he sold some property part of ancestral).

For 3rd daughter marriage he sold some property and in addition to that given some property as gift.

For the rest 3 i.e 2 Sons and 1 unmarried Daughter has given a will saying equal share in the remaining.

That will has been implemented at MRO with the mutual agreement and after that we went for arbitrary and compromised to give the calculated amount of money equal to her share instead of land, she accepted (Signed) the same and after wards she breached that.

Now she is asking for equal share in the property.

kindly let me know her eligibility and guide me to proceed further.

Shall we have the rights to cancel gift deed made for his 3rd daughter.
Are all the 4 daughters have the right to ask for share in the property.
Manish Singh (Expert) 10 April 2009
If you all three laready have signed a mutual settlement then that shall prevail. no other liabilty shall arise except under the said family settlement. Its settled principle of law.
Manish Singh (Expert) 10 April 2009
if what already has been done, has been duly rectified by the rest, then no action can be taken.
if you are from dayabhaga school of law or from any other state where the rights of females in ancestral property had already been recognised, the daughters too were eligible for equal shares.
adv. rajeev ( rajoo ) (Expert) 11 April 2009
As per the amended sec 8 of the Hindu Law in the year 2005 female is also co-parcener, she has got equala rights in the properties. But she is not entittle when there is a partition between the family members before this act came in to force provided such partition should be regd., Ur agreement seems not regd., then it has no value. She can claim the equal share in all the properties.
Y V Vishweshwar Rao (Expert) 13 April 2009
Mr Reddy !
I agree with lrd friedn and furhter add that;-

I think your In AP and governed by Mithaskhara Hindu Scool of Law .

It is true that all the partitions took place by the date of Amendment to the Act have to be accepted and acted up on , if the Partitions are under Registered Deed as per the Act , however there is a proposal by law commisison to further amend the Secition to inlcude all transactions which took place prior to the Amendment - I am also waiting for such amendment to Hindu Succession Act .

Now the Property shold be abvailable for partition - the date of marriage of Daughter has no merit - Property is availabele for partition and it is not previously partitioned .
with regard !
Hiralal Das (Expert) 14 April 2009
Thans for your vaulable opinions.


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