R RAGHUNAATHAN (MANAGER) 05 November 2011

Property succession right

My mother, in the year 1959 when myself and my brother were minors, has relinquished the Property rights of our family's share to our Paternal Cousins by accepting a meagre sum of Rs. 2000/-. This property is purely inherited by our Grand Father and it is still un-divided. Now our Paternal Cousins are not willing to give any share even to their own Sisters who are alive. I feel as per recent amendment to Hindu Succession Act in 2005, even Daughters are also entitled to a share in the un-partitioned property. Pl. let us know whether Myself and my brother (both male members) and our Sister can sue them stating that my Mother had no right to relinquish the rights of Minors. Is it valid. . Is there any time frame for filing this suit? Is it time-barred. Our Advocate says that for PARTITION ACT, there is no TIME LIMIT. Please let us have your reply

R. RAGHUNAATHAN

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3 Replies

sridhar pasumarthy (ADVOCATE) 05 November 2011

Dear Raghu,

You mother is not entitled to relinquish your share in the joint family. It is true that a daughter was conferred equal rights as of a son in the Hindu joint family property as per recent Hindu Succession(Amendment) Act, 2005.

There is no limitation for filing partition suit. Hence, file a partition suit for your lawful share.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 08 November 2011

after attaining majorrity age within 3 years u hav eto file case challanging relinquishmnet by mohter.

that u have not done .

to check whether reliquishmnet is propsrly stamped and registered? if not , then no valid document .

but to file partiiton suit of HUF property immediately.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 08 November 2011

ur case of 1959, ur mother reliquished share of HUF proeprty in the year 1959, so even u file case u will not get share , but other family members can file suit for partition.