This is regarding the applicability of daughter’s rights according to Hindu succession act 2005 after recent judgment of Bombay high court on 14 aug 2014 by bench of MOHIT S. SHAH, C.J. I wanted to know for my case.
Highlights of the case:
1. 1. Daughter is married in 1993 even before Karnataka amendment which came in year 1994 which excludes the married daughter who got married before the amendment.
2. 2. Father died in 1998 and had two properties (self acquired).
3. 3. He had two wives and property was divided between two wives with the consent of all the family members including unmarried daughters and all mail heirs in year 2001 according to Karnataka amendment act. Katha is transferred accordingly for one property on the name of first wife and other property on the name of other wife. Record s are available in municipal corporation.
4. 4. New act of Hindu succession act came in 2005 which was completely confusing.
5. 5. Second wife sold her property in 2006 to third party (Me in this case) with the consent of her children’s.
6. 6. Now in March, 2014 daughter who got married in 1993 of other wife filed a case calming share in the property which was sold to me.
Judgment of Bombay high court according to my understanding says
1. 1. Case of a Hindu, who died prior to 9 September 2005 continues to be governed by pre-amended Section.
2. 2. It is only where an oral partition or partition by unregistered document is not followed by partition by metes and bounds, evidenced by entries in the public records that a daughter would be in a position to contend that the property still remains coparcenary property on the date of coming into force of the Amendment Act.
Is my understanding correct and also let me know in the above case where property is already divided and evidenced by records in corporation, property was also self acquired property of father who died in 1998. What would be the appropriate action so that case will be dismissed early because I am running in a loss of huge amount?
How I should claim my losses from the other party?
Thanks in advance