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Yogesh KS   05 September 2022

Share of Daughter in Father Property

Case Details in chronological order:
============================
1. In 1986, Partition happened through Panchayath Parikath, 7.09 acre Agriculture Land divided among brothers (Father ‘DN’ expired by that time) as follows
a. 1st Son ‘VE’ got 2.37 acre
b. 2nd Son ‘PT’ got 2.36 acre
c. 3rd Son ‘DGN’ got 2.36 acre
d. Daughter/Sister of above 3 brothers ‘LK’, already Married and did not ask share and did not get share, also did not put signature.
All Brothers had taken Pani, Khatha for there share
2. In 27/06/2001, 2nd Son ‘PT’, Sold (through registered sale deed) 2 acre of his share to ‘RJ’, Daughter/Sister ‘LK’ did not put Signature
3. In 26/06/2004, 1st Son ‘VE’, Sold (through registered sale deed) 2 acre of his share to ‘MJ’, Daughter/Sister ‘LK’ did not put Signature
4. Both ‘RJ’ and ‘MJ’ taken Pani, Khatha EC for there purchased land.
5. In 18/05/2012, after 26 years of partition, All Three brothers(‘VE’, ‘PT’ and ‘DGN’) Expired and Daughter/Sister ‘LK’ Filed Case OS No. 'nnn' for Partition Share against bothers family members and ‘RJ’ and ‘MJ’
6. In 29/03/2021, ‘MJ’ Sold (through registered sale deed) 2 acre he owned to ‘Y’ and ‘RJ’ Sold (through registered sale deed) 2 acre he owned to ‘U’
7. Now ‘Y’ and ‘U’ have Pani, Khatha EC for there purchased land.

Question : After 26 years of partition, is Daughter/Sister LK Eligible for Share Now? What way judgement will go?


Learning

 6 Replies

Navin Kumar Mehta (Lawyer ( Criminal Constitutional Civil Dispute Taxation matters ))     07 September 2022

it can be, but you have to first satisfy the court of law , that why you hve not claimed before 26 years at the time of partition. if court of law satistfy with your explanation then it can go with your side

1 Like

Yogesh KS   07 September 2022

Hi Navin Kumar Mehta, What is the court of Law we need to satisfy?, can you explain bit more details. we('LK') are not aware of the partition and we('LK') are not aware of property sold. only 2011 we('LK') come to know property has been sold. 

P. Venu (Advocate)     07 September 2022

What is the cause of action that the plaintiff has pleaded?

Yogesh KS   07 September 2022

Hi Venu, plaintiff ('LK') requested for 1/4th Share/Partition and compenstion.

P. Venu (Advocate)     07 September 2022

What you have stated are the reliefs sought, not the cause of action.

Yogesh KS   07 September 2022

Venu Sir, I got what you are expecting, LKs brothers (VE, PT, DGN) sold there shares/partition to RJ and MJ without the permission of LK. That too lesser price.


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