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Contesting the will

Page no : 2

Kumar Doab (FIN)     09 October 2016

Sucession opens on date of death.

Thus rlate with local laws if any in Tamilnadu, pertaining to daughters..

 

Thereafter refer to Hindu Succession Amendment (2005) Act.

 

Oral partition has to be proved.

If against Rs.5lacs only Rs.1.5 lacs was paid then it has to be established. Bar by limitation if any has to be tackled.

 

Are you a trained legal mind/lawyer?

 

Have you discussed with a very able local counsel specializing in revenue/property/civil/family matters and well versed with local laws?

 

If yes what is his/her opinion?

 

 

 

prabhu   09 October 2016

I am not a lawyer. I am consulting an experienced advocate. But I am taking the case forward as I want. I am aware of the happenings in lower courts. I dont want to drag this case for 20 yrs or so.

Though I know, my case is strong, i want to put too much pressure on X so that he comes for a deal and takes his legal share. I want to be sure whether to make deal with d1 and d2.

By your points, i think its futile to make a deal with d1 and d2. I will still discuss this with my advocate.

Thank you very much for your replies.

Kumar Doab (FIN)     10 October 2016

 Supreme Court:Prakash Vs Phulavati of 2010: Hindu Succession (Amendment) Act, 2005, clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of the Hindu Succession (Amendment) Act, 2005..................Thus the provisions of the Hindu Succession (Amendment) Act, 2005, are applicable “prospectively” :::on and from September 9, 2005, when the Act came into force:::, and not with “retrospective” effect .....................

 

 

 

 

 

Kumar Doab (FIN)     10 October 2016

As already posted:

Sucession opens on date of death.

Thus rlate with local laws if any in Tamilnadu, pertaining to daughters..

 

Thereafter refer to Hindu Succession Amendment (2005) Act.

 

 

Kumar Doab (FIN)     10 October 2016

A died in 1997.

Sucession opens on date of death.

In case the daughter is married then in Tamilnadu probbaly State Law maqy have to be referred.

 

Succession is occasioned for properties of Hindu Undivided Families when there is a partition in the family or when a male coparcener dies leaving daughters. If such event had occurred after March 25, 1989, in Tamil Nadu, but before December 20, 2004, the benefit of enlargement of right will not be available for those who were married as on March 25, 1989, since the State law would be the ruling law on the date of succession. 

 

 

Check with your own senior counsel.

 

Kumar Doab (FIN)     10 October 2016

Inheritance is recorded in mutation records.

 

If D1 and D2did not own 5 acres by inheritance duly updated in mutation records, then how can sell?

They can not sell anyone els's property/share!

It may get termed as fraudulent act.

 

Before buying X should have got ownership details examined. ( Buyer Beware)!

 

While registering the registering authority asks to attach latest mutation record/Fard of last say;13 years.

 

Examine and relate everything, before you act.

 

 

 

prabhu   10 October 2016

@Kumar Doab

Properties are not ancestral. Were self acquired by A. Hence sucession by survivorship; daughter has equal right as son.Confirmed by my advocate. Let me know if u think otherwise.

Inheritance was not updated in mutation records. Though, registering authority is required to check the revenue records, the practice was not so then. Anyone could sell any property without any records then. But the procedure is more strict now.

Can C, C1 or E file a case to cancel the sale deed as D1 and D2 have sold in excess of their legal rights?

Or is the sale deed still valid, X is still entitled to 2 acres?

We were willing to give him his legal share. But he is not coming to the deal. So planning to file a case on the sale deed. The revenue records are still in A's name.

 

 

Kumar Doab (FIN)     10 October 2016

Update the inheritance in mutation records.

Owner can not sell more than he/she owns.

Since X, D1, D2 are unwilling to come forward, court shall decide.

 

SHARAD CHANDRA DANEJ (Asstt. Manager)     12 November 2016

Section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. 

In your case as per your statement your mother and her two sons have equal share in the property i.e. 4 acres each of you.

If u r satisfied please click on thumbs up button to thank me.


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