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Om Kalse (owner)     16 February 2020

Oral Partition

I have two sisters and a brother. Father passed away in 2010. Mother is still alive.
My father partitioned his ancestral property in 1992 by oral partition and made memorandum on 20 rs stamp paper. They divide property in 4 parts. 1 for him, 1 for my mother, 1 for me and 1 for my brother. After my father's death his property divided in 5 parts. in this my sisters got equal parts. One of my sister is expired in 2018. Now my late sister's heirs have objecting the partition done by my father. They want to re partition done by my father in 1992. Other parts have been sold by my mother and brother. only my share is not sold. Also my late sister's heir also sold their share they got in father's share. Now they are threatening the purchasers of my property not to purchase. So my questions are:-

1. When my sister was alive, she was no problem with the partition.
2. Can It be re partition?
3. What about sold properly?
4. My father partitioned property as per the laws applicable in 1992. Now new laws will be applied?
5. For 27 years I have revenue record and paying taxes for it.
6. My another sister has no problem with that partition.
Please help me


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 3 Replies

Joy Bose   17 February 2020

Hello,
According to the Hindu Succession Amendment Act, 2005, a daughter will have the same right to the property like her brother if the father is alive on or after 9th September, 2005.
In your case, when the property was divided in 5 parts and if the sisters got equal parts just like you, then the legal heirs of your sister do not have a substantial ground for filing a case.
And also, many portion of the property is already sold, so it will be very difficult for the legal heirs of your sister to get anything.

Regards,
Joy Bose

Om Kalse (owner)     17 February 2020

Hi Sir, Let me clear that at first partition my sisters didn't got any share. after my father's death they got equal share in father's share as heirs names came after father was expired.

Om Kalse (owner)     17 February 2020

My sister's heirs wants to challenge the partition made by my father in 1992.

( At that time, no one of us was married)

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