Sandeep Gupta (Manager) 18 November 2017

Property dispute

There was a dispute for the property in which one daughter was demanding her share in the joint family property of HUF. Since father was not alive as on 9th Sep 2005, civil court has dismissed the case based on the Supreme Court judgement in PRAKASH & ORS VERSUS PHULAVATI & ORS. in which supreme court holds that "the rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20th December, 2004 as per law applicable prior to the said date will remain unaffected" I bought this property in year 2006 and now wanted to sell it. Daughter who filed the case has appealed in high court but court has not listed the case as off now from past 6 months. Can I sell this property to some other person since I am accumulating the huge loss on it since the case in in disposed state?

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2 Replies

R.Ramachandran (Advocate) 18 November 2017

Since the case (appeal) already stands filed in the High Court, you will not be able to sell the property (whether you incur any loss or derive any profit - that is of no concern).

You have not indicated clearly whether any partition of the Joint Family property in question ever took place and if so, when?

You have also not indicated when her father died?

These are crucial before giving a view in regard to your query.

Sandeep Gupta (Manager) 19 November 2017

Thanks for your reply sir

- Father died in 1998

- Partition took place in 2001 with the concent of all family members. It is not registered but all records is available in muncipal corporation such as NOC given by family members, Katha Transfer, BBMP order etc

- This daughter who filed a case was marrried in 1993 so she was not the party to the partition in 2001.

Please let me know if any other detail is required.

Thanks and Regards,