Need Advice and Guidance !!!!
Suit for separate possession and partition B/w my father Deseced by L.Rs and My fathers sister. Would like to know weather my fathers sister gets any share as per Hindu succession act 2005
My Grand Father purchased two houses through a Registered Sale Deed) in a district in, Karnataka in the year 1945 and 1954 which is a self acquired property of his , a agricultural land of 6 Acre which is a ancestral property, he got the land through oral parathion with his brother through a memorandum of partition and another 12 acre agriculture land through his own earnings
He then portioned the immovable property with joint family members namely my Grand Father (Expired 1983),My Grand Mother (Expired on 1997), Father(Expired on2002) all HUF and 3 Members were the joint family members, My Grand Father had only Two Children’s My Father and his Sister,
My Father’s sister was married to a well to do family in 1958, however her name was not included in the partition since she was married in 1958 and partition took place in 1976 B/w the Joint family members, the same was then mutated in the Tax registers and thus became individuals owners of the property
My Grand Father & Grand Mother made a Registered will deed in the year 1981 &1994 respectively before the death favoring his two grandchildren ie me and my brother comprising of the immovable property which they got from the partition which was done in 1976
Following are properties :
1) My Grand Father had a house and 6 Accre land and 12 Accre land which fell to his share after partition in 1976 which was given to the grand children ie me and my brother through a Registered will deed 1981 and expired in 1983, the above mentioned properties were mutated in our name jointly 1983
2) My Grand Mother had a house which fell to hier share after partition in 1976 which was given to the grand children ie me and my brother through a Registered will deed 1994 and expired in 1997, the above mentioned properties are not yet mutated in our name jointly since his death as the suit for partition was filed with –in two months of the death of my grand mother.
However my Grandfather made a registered gift deed of a house to his daughter (my fathers sister) in 1979 a house which he got as a share in the partition which she has accepted and the owner of the house till date
My fathers sister filed a suit for partition in 1997 soon after the death of My Grand Mother the suit is pending and the status is be set for arguments.
As per my fathers sister proclaim that she can claims 50% share in the above mentioned properties with help of Hindu succession act 2005. my Question is will she get any share if so what and what basis. As case was filed in 1997 will the old laws prevail for the said suit or the new 2005 act will be considered. Kindly advice
Thanking you in advance