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kamaal (manager)     31 October 2011

Prpoerty dispute

Hi,

 

My parents died in 1983 leaving behind 4 daughters and 1 son. 3 of my sisters were married at that time. All my sisters signed a deed  giving succession to me. and I have been living andpaying the taxes of the property since then. After 28 years , one of my unmarried sisters has filed a partition suit and is claiming 1/5th of property and also proceeds from the lands that i had sold 10 years back ,along with interest. The property is in Bihar and includes residential and agricultural lands.

Please advise on  options available to me.

 

thanks

Kamal



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 1 Replies

Darshan Panchal (Advocate)     31 October 2011

The amedment introduced in Hindu Law in 2005 gives equal rights to female coparceners even after marraige. but it does n't apply to the arrangements effected before september or october or december 2004. I don't recollect exact date. In your case your sisters already by consent released their rights in writing. You can produce the same in the court. Moreover, a considerable time has also elapsed which brings law of limitation in picture and she can not file a suit for partition after all these years. The suit itself is not admittable and should be dismissed at first. Follow the advise of the lawyer u have engaged for the same.


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