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miky patel   15 November 2015

Dispute of property after father and her daughter's death

hi friends,

please give me some idea for this case.

there was a family father and one son and one daughter.father died in 1985 without doing any wheel.after that son and daughter's name were there in his land.but son has given money to his sister.but son didnt do register documentation and he made notarised document in 1992 at advocate place and he didnt submit anywhere.now daughter died in 2012.and daughter's son has raised claim for his mother's property.now son did court matter.and recently i read in news paper that if father had died before 2005 then girl will not get partition from his father's property.

so friends please help me.realy the son and father bacame poor after giving money to his sister and now again her son claimed.how can we help them?????????  

realu hindu succesion act 2005 has mentioned that if father had died before 2005 then daughter will not be equal partner ?????????????

please please do reply



Learning

 7 Replies

Kumar Doab (FIN)     15 November 2015

What is the opinion of your own lawyer?

 

The property in the hands of father was: self earned, or acquired from whom and how?

Seemingly the proeprty was not partitioned.

 

miky patel   15 November 2015

It is ancestral property not partitioned.

ROHIT SHARMA (Legal Advisor )     15 November 2015

1. The trial has to be faced and the evidence of the document of the sister waving of her rights in the poroerty of their faher can be adduced as cogent relevant fact to sustain that if the money is returned by the sons of such sister then they can claim their mothers share. The notarized deed will serve this purpose of establishing the fact that indeed equity was paid.

 

Kapil Sethi (Director)     15 November 2015

I feel Mr Rohit Sharma has gievn the right advise. Please follow his advise.

R K........ (Analyst)     16 November 2015

As per recent supreme court ruling since father died before 2005, the daughter or her son can't claim equal right on property.

Its a simple case but still contact your local lawyer

coolnati   17 November 2015

miky patel   17 November 2015

This is ancestral property not partitioned.


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