LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shilpashetty (Shop Owner)     23 November 2015

Sc judgement 2015 ancestor property what happen existingcase

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.



Learning

 6 Replies

ABDUL RAZIQUE (Advocate)     23 November 2015

Without knowing the total fact it is not right to advice on contains, kindlymeet local lawyers with ddocuments.

shilpashetty (Shop Owner)     23 November 2015

I just wanted to know will the supreme court judgment on partition suite will it be appicable for existing/running/pending cases?

S reddy   23 November 2015

Yes applicable for existing/running/pending cases

Kumar Doab (FIN)     23 November 2015

Father and sister both are alive.

shilpashetty (Shop Owner)     23 November 2015

Sorry for the confusion here..

Brother (B) and Sister (S) and BrotherWife (BW).. Property is ancestor Property. Brother(B) got the ancestor property in  his name in the year 1985 after his father death 1984 (No will was written, Brother (B) transferred in his name stating that father is dead). Then Brother (B) transferred ancestor property to his wife (BW) in the year 1992. Sister (S) filed case in 2010 for share in property. In 2014 OS suit was in favour of Sister for partition, case was dismissed due to  BrotherWife (BW) was not well to attend the case. But RA case is filed and due to RA case FDP case is pending.

Experts please let me know what will happen to above case based on the supreme court judgment.

shilpashetty (Shop Owner)     25 November 2015

Experts kindly can any one clarify my question. .


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query