Mother (M), Father (F) and Sister (S).. Father (F) transferred ancestor property (Grandfather was died in 1985) to Mother (M) in the year 1992 and Sister (S) filed case in 2010. In 2014 OS suit was in favour of Sister for partition, case was dismissed due to Mother (M) was not well to attend the case. But RA case is filed and due to RA case FDP case is pending.
As stated in Prakash & Ors v. Phulavati & Ors, rendered on 16 October 2015. SC, in its judgment “All that is required is that the daughter should be alive and her father should also be alive on the date of the amendment,” it said. The court also held that alienation of ancestral property, including its partition, which may have taken place before December 20, 2004, in accordance with the law applicable at that time, would remain unaffected by the 2005 amendment, and those partitions can no longer be reopened by daughters.”
Experts please let me know what will happen to above exising case based on the supreme court judgment.
