Rajendra Pitake (-) 08 April 2023

Regd benefit of 2005 amendment act

Can a son, in whose favor daughter has relinquished her rights in the undivided ancestral property prior 2005, claim benefit in partition suit under 2005-Amendment Act?

Reply Follow

3 Replies

Dr J C Vashista (Advocate) 09 April 2023

When daughter has relinquished her share in favour of son (her borther) what is dispute / issue / problem left over for consideration and obligation of experts on this platform ??? Please clarify

Advocate Bhartesh goyal (advocate) 09 April 2023

No,once daughter has relinqueshed her rights and share in property by registered release deed, she is estopped to claim her rights and share again in future.

Rajendra Pitake (-) 10 April 2023

This is a partition suit and partition has not yet effected. Only preliminary decree has been passed deciding share of all issues viz. 3-sons and 4-daughters. 4-daughters have relinquished their rights in favour of 1-brother alone. i.e. They have transferred their right/share in the undivided properties. Hence the question whether that brother can claim benefit under 2005 Amendment?, as he is stepping in his sisters' shoes now.