Nirvana (Anon) 29 July 2012

Partition dispute - please help

I Heard about Lawyers club India from a friend and want help from fellow lawyers

My case Is -1] I am a 21 year old son of a Predeceased son of MY Grandfather who passed away without a will.we Have an apartment on our land which we are thinking of reconstruction.I Have 7/12 Extract of my land upon which there are names of three person - my Grandfather,his younger brother and Elder Brother.his Younger brother has passed away too and Elder Brother is alive.i have an 1988 agreement with me in which the 2 mentioned brothers of my grandfather left the rights of the property with settlement of 50 thousand RS each.Due to some oral agreement all the 1 lakh rs was meant to be given for younger Brother of which 95000 rs was given by 1995.though for some Reason remaining 5000 rs was not given and their names on 7/12 extract still exist.can i now with the help of that old agreement give rs 5000 to the heirs of younger brother of my grandfather and obtain an No Objection certificate and then remove their names from 7/12 extract ?

Though this is not the real Problem in the dispute,i can manage an agreement with families of two brothers of my grandfather.Real Problem is the Sister of my deceased father.

2] My gradfather left without a will.he Have 2 sons and 2 daughters.1 Son is dead and i along my brother are his legal sons.That means now legal heirs are - Me,My Brother [both are Major] ,My uncle[Fathers brother],2 Daughters of my grandfather.There is no dispute with the Younger daughter of my grandfather who got married in 1995.The Problem is elder daughter of my grandfather who now claims a whole 1 share in the Property.she is married since 1985.I would like to mention to best of my knowledge that according to a Provision in Maharashtra assembly passed in 1994 that a Daughter who was married before 1994 does not get a Complete equal share as that of son that the 2005 Hindu succession act grants.please correct me if i am wrong !! Now my Question is legally how much share will I,My Brother,Uncle and two daughters of my grandfather get ?

and whose name out of all the 5 legal heir will appear on 7/12 extract after my grandfather since he died ?

I Have rented blocks in my apartment which are in the name of my grandfather which i am thinking of selling or giving the ownership to rented familiy.can i Myself along my brother,uncle sell this block without consent of elder daughter of my grandfather with whom i have a dispute.if No then how much share of money of the ownership will go to each one of us ?

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Nirvana (Anon) 29 July 2012

ANOTHER Thing i would like to mention is the elder daughter of my granfather took all the gold assets of my Grandfather and Grandmother[deceased] without consent of me and my Brother,though she told that to my uncle and younger daughter.Now after all this drama,she has warned me that if i dont give him an equal share in the Property she will take me to court.Cant i then put an counter case against her that she has looted all the gold assets of my grandfather/grandmother and also file an Police complain ?

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 30 July 2012

I HAVE GONE THROUGH YOUR CONTENTION AND AS PER YOUR QUERRY THE FOLLOWING SHARES ARE ENTITLED BY EACH OF YOU.

1/4TH SHARE BY YOU AND YOUR BROTHER

1/4TH SHARE BY YOUR UNCLE

1/4TH SHARE BY YOUR ELDER AUNT

1/4TH SHARE BY YOUR YOUNGER AUNT.

BUT TO FILE A CASE AGAINST YOUR AUNT WITH REGARD TO GOLD AND OTHER ARTICLES, AGAIN IT DEPENDS ON EVIDENCE, IF SHE HAD TAKEN ALL THOSE THINGS BEFORE 2009 OR NOT, BETTER FOR THIS YOU HAVE TO APPROACH A LOCAL ADVOCATE

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Nirvana (Anon) 30 July 2012

sir but she has been married before 1994,that means she wont get equal share as that of my father's or uncles share right ? Please clarify !!

refer this,just need clarification on this 1994 amendment thing and another thing is whose name will appear in 7/12 Extract after my grandfather,will daughters name will appear too in 7/12 extract since she is married ?

https://rohitlegal.blogspot.in/

"But there was a acceptable demand from society for equal share of daughters in fathers property and accordingly steps were taken by Government of Maharashtra and on 22th June 1994 Government of Maharashtra amended law and equal share was given to every daughter, but for claiming equal right she should be member of his father family on 22th June 1994 that means a daughter who’s marriage is performed on 21st June 1994 will not have equal share but she will have nominal right as per notional partition, but if marriage of a daughter is performed on 23rd June 1994 in that case she can claim
equal right in her father’s property.
In 2005 Government of India made amendment in Hindu Succession Act and provisions of act enacted by Government of Maharashtra were incorporated in Hindu Succession Act. It is clear from these discussions that the daughters who were unmarried on 22th June 1994 can only claim equal right in her father’s ancestral property, otherwise she will get share as per notional partition."

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 30 July 2012

Dear Nirvana,

Do you agree that so far there is no partition took place, if you agree automatically, all the children of your grand father with have equal share as successors. so dont think that since has already got married before 1994 so you can deny her share of property.