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Mala Rani (proprietor)     14 June 2010

declaration of share in copecnary property

My father is having a polt of land in mumbai.He got that plot form my late grand father. My father is alive having 2 sons & 4 daughter.My first sister was married in 1986,second was married in 1989, my third one was married in 1995 &me last one was married in 2001.My father  in consulatation with my brothers want to sell that plot. I want to know that:

(1) Can we all sisters bring partation in that plot in the court.

(2) How much share each sister will get as two sisters were married before 1994as an when the state amendment came.



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 4 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     14 June 2010

In what mode your father got from your grand father?

If it is a gift, you have not right to talk about the partition.

If still ancestral, you all, including your father have equal right and can have 1/7th of the property.

No disqualification as to marriage before 1994 of 1989

adv. rajeev ( rajoo ) (practicing advocate)     14 June 2010

Duaghter being the co-parcener you are entittle for 1/8th share in the property.

father + mother + 2 sons + 4 daughters + 1/8th share each.

Mala Rani (proprietor)     15 June 2010

My father is having a polt of land in mumbai.He got that plot form my late grand father. after division of bigger HUF. My father is alive having 2 sons & 4 daughter.My first sister was married in 1986,second was married in 1989, my third one was married in 1995 &me last one was married in 2001.My father  in consulatation with my brothers want to sell that plot. I want to know that:

(1) Can we all sisters bring partation in that plot in the court.

(2) How much share each sister will get as two sisters were married before 1994as an when the state amendment came.


 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 July 2010

You have to produce documents for partition of earlier HUF. The existance of HUF is legal fiction which has come in existance particularly for the benefit of HINDU community . The karta has full control and power do dispose the property in the manner he likes till actual partition takes place.

Morever if you are not able to prove that the alleged properties have come in the hands of your father by earlier partition of bigger HUF ; you have no say at all. Your father can always claim it  AS  his property which may have come to him even by oral gift by great grand father.

UNLESS YOU CAN PRODUCE EVIDENCE OF PARTITION OF BIGGER HUF YOU HAVE NO SAY IN THE MATTER.


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