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sandeep kumar (direcotr)     09 June 2011

Can daughters seek partition of dwelling house

we have a house which was bought by my grandfather in 1964, my my grandfather has 1 son( my father) and 3 daughters. One of my aunt became widow in around 1975 and my father bought her home with her son. My father took good care of her all these years also taking care of all the expenses of my aunt as she was not having any source of income. My grandfather died in 1980 and grandmother in 1989 without leaving any will. We are living on the ground floor and my aunt is living on the 1st floor with her son. Now she has filed a lawsuit against us seeking partion of the property .


Please help me on this can daughter as for partiton of a dwelling house, if yes then is there a loophole.


 9 Replies

Sandeep Bhargava (Advocate & Notary)     09 June 2011

Yes, for loop hole you will have to contact a good lawyer he will guide you it can not be provided through this forum

Ravikant Soni (LAWYER IN JAIPUR)     10 June 2011

Yes ....

In 2005's amendments sec. 23 hsa has omitted.

so now she can file suit for partiion.

sandeep kumar (direcotr)     10 June 2011

My grandfather made the property HUF, we have the document, does that help us in any way.

suguna prasad kalvala (advocate)     10 June 2011

hello u better show ur  papers to an eminent lawyer and  act according to his address if you want every thing on forum the opposite party may become with the guidance on net and u will be ultimate looser  suguna prasad kalvala ADVOCATE  9949995476

n.k.sarin (advocate)     11 June 2011

your aunt has no right to file partition suit in an ancestral property.amendment 2005 and other amendment are prospective in nature and has no retrospective effect. if your grand father die after 2005 then she can claim.

1 Like

Ravikant Soni (LAWYER IN JAIPUR)     11 June 2011

I dis agree with sareen sir,

here property is self acqired of grandfather. After his death aunt is of class I member so she would get the share in it. 

and she can claim now for partition because sec 23 of HSA has been deleted.

sandeep kumar (direcotr)     13 June 2011

Thanks you everone for the useful information, is there anyone else who agrees with Mr. Sarin?

sandeep kumar (direcotr)     15 June 2011

We have consulted a good lawyer and he is also saying that she cant claim partion as my grandfather  died before the amendment of 2005.

JP Dubey (retired)     11 December 2012

Can deceased sister's legal heirs also file for partion of house property under joint lease deed with her brothers and sisters?

What will be the position if brothers put up an alleged notarised family arrangement on nj stamp paper of rs.100 dated ten years before renewal of leasedeed in favour of all brothers and sisters, in which sisters consented to forgo their shares  for no consideration but that brothers amicably divide the property among themselves? And affidavits by sisters also predating renewal of joint lease forgoing their claims and debarring their heirs also from making ny claims in the said property?

What is the validity of such family settlement and affidavits?

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