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Mallikarjunarao (Designer)     04 February 2012

Ammendment act 2005

in 1991 our 4 grandfather's(father's father)  were jointly sold out  180 cents out of 200 cents land. which is not partitioned. 

now our grandfather's 3 sisters are asking share in remaining 20 cents with support of ammendment act 2005. they are married in 1960's. 

is it possible?

if there is chance to divide the 20 cents into 7 parts?... 

Plz answer any one?. 



Learning

 10 Replies


(Guest)
ya acc to new laws the property will divided into 7 parts. Further i suggest to seek experts opinion in this regard

sridhar pasumarthy (ADVOCATE)     04 February 2012

As per the recent amendment, daughters are equally entitled to a share in the joint family property along with sons.

Who are the seven sharers?

Mallikarjunarao (Designer)     04 February 2012

thnqu. My grand father's father had 4 sons and 3 daughters. 

My grand father was elder son 

g2,g3,g4 are others. 

and they had 3 sister's which were married in 1950's.

g4 was adopted by another woman, and he sold out her property as a adopted son. now his wife also asking the share.  is it possible? 

g1, g2,g3,g4 and s1,s2,s3 are 7 shares.

g1,g2,g3,g4 were jointly sold 180 cents in 1991. 

now all are figthing for remainint 20 cents 

sridhar pasumarthy (ADVOCATE)     04 February 2012

It appears that wife of g4 is claiming a share in ancestral property.

Is g4 is alive?  If so, his wife has no right else she can claim along with her children, if any, a share that her husband would have gotten if he is alive.

Shantilal Pandya ( Advocate)     05 February 2012

adopted son has no right to claim  any property  form  the estate of  his  natureal father ,therefore  his  widow would not get anything,  adoption cuts off all ties with natural  family  except   that he  cannot marry  a woman   belongiong to natural fathers  family   with  whom  he  could not have married  had the  adoption  not  taken place 

sridhar pasumarthy (ADVOCATE)     05 February 2012

I disagree with  Pandya sir.

Even an adopted son will get a share in the ancestral property of his natural family as per sec 12 of HIndu Adoptions and Maintenance Act.

The property which was vested to him by birth in the natural family will not divest for the simple reason that he was adopted later.

Mallikarjunarao (Designer)     05 February 2012

ya sir, g4 was died in 2006. now his wife asking share with her daugthers. 

but my father has done all funerals to g2(g2 and g2's wife) and g4. with out taking any money or property. 

in 2010 my father was registered total 20 cents to me. now all they are asking share. 

but i want to divide  the 20 cents into 7 shares. is it possible?.

sridhar pasumarthy (ADVOCATE)     05 February 2012

yes, court will allot 7/20th share each.

sridhar pasumarthy (ADVOCATE)     05 February 2012

sorry, it would be 20/7th share each

Mallikarjunarao (Designer)     05 February 2012

thanqs sir, 


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