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Hindu Succession act 1956

Page no : 2

Alokdutt (Manager)     12 January 2013

The above property is ancestral

Alokdutt (Manager)     30 January 2013

Dear sir's,

 

Can anyone give comments that i have asked 18 days ago?

Dear Sir's

i have question to ask, One of my cousins property was taken away illeagly excuting sale deed without daughters signature.

The granny's first grand son in the year 1991/1992 this act of my cousin brother only came to light last year and a case has been filed.

The property is a undivided hindu property (HUF) , The property belonged to my granny's brother . Who died in 1993 and his wife passed away around 2005. My cousin is engineer in bracket , he was without job and went to village and asked that he would cultivate the land and give half the share. taking pity on him my granny;s brother said to cultivate, unfortunately this brother (Cousin) has made half the property in his name and made the other half in my granny's brother's son who has know worldy knowledge. in 1994 /95. He had taken a loan in SBM and did not repay it , finally the surety who were is brother and father (Accused) paid the amount. The funniest part was when we took the paper to see if this was mortgaged in bank, it was not showing in the papers of pani( Record of rights). When my cousins asked my cousin brother to vacate the land, he threatened them and said the land does not belong to them and it is his as he was cultivating for 20 years, however in general he cultivated for 3 years and was absconding from police and bank officials.

Now that in 2011 all this fight happened and when we pulled records he has made property half of it in his name and other in another cousin . But there was another paper in SBm which he had pledged 5.5 acres where as he made 3.75 acres in his name? Now we have filed the case stating the property was not divided at all and when daughters came forward to ask for their share. they were stunned that half the land was not in their name. When father passed away neither the land was transfered to wife, it was directly done in son's name by my cousin brother. No where in the document can one find daughter's signature. As my granny's brother had 4 childrens 1 son & 3 dauthers. Even they do not know when this transaction happened.

Is there any binding on the purchaser as per hindu succession act 2005?

I request humbly for your answers, if their is any clariffication let me know.

The above property is ancestral, Anybody has a writeup about ancestral property act?

 

Thanks

Dutt

 

Thanks

Dutt

B.T. RAVI (LEGAL MANAGER)     14 August 2014

A. No. I have a different opinion with respect to the same.

Point No. 1. A Partition can be open at any time even though in the presence of family settlement or registered partition deed if you established that the partition was injustice.

Point No. 2. In case property right distributed among all the members ( either registered partition or settlement) except female issue before December 20, 2004. As per the Hindu succession act, 1956 and 2005 Amendment, unequivocally stating that females will have share by birth in joint family  or ancestral property.

The interpretation of the word BY BIRTH  shall be considered before december 20,2004 this interpretation acknowledge by the Karntaka High Court in latest judgement. 

It can be challenging at any time on the above grounds.

B.T. RAVI (LEGAL MANAGER)     14 August 2014

A. No. I have a different opinion with respect to the same.

Point No. 1. A Partition can be open at any time even though in the presence of family settlement or registered partition deed if you established that the partition was injustice.

Point No. 2. In case property right distributed among all the members ( either registered partition or settlement) except female issue before December 20, 2004. As per the Hindu succession act, 1956 and 2005 Amendment, unequivocally stating that females will have share by birth in joint family  or ancestral property.

The interpretation of the word BY BIRTH  shall be considered before december 20,2004 this interpretation acknowledge by the Karntaka High Court in latest judgement. 

It can be challenging at any time on the above grounds.


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