My Grandfather died in 1964 leaving his wife ,four sons and four daughters.My father was the sixth child in the family . He lived in the ancestral house throught the life and asked for the mutation in his favour from his brothers. The eldest brother died early so his widower transfered her share to him on money consideration . Other two brothers gifeted their share to him. Sisters didn't ask for any share thus nothing was given and their signature was also not taken at the time of the registration in the Year 2000.
My father died in the year2010.Now we are two brothers of our Father and I want partition in the year 2013 i.e after 13 years of the registration in my fathers name.Mutation is our favour was not done after his demise,but my brother objected over it and thus I filed the partition suit in Oct 2012 and he was served the first notice by the Civil Court in March 2013 alongwith his three children, one son and two daughters.
He has submitted his WS to the court thru his advocate by saying that this should not be treated as partition suit but the title suit and the claims of four sisters of my father remain duly intact. Three of my father's sister died and one is alive.Though no sisters came for any claim when they were alive or the one sister who is still alive also not intersted but my brother provokes the only surviving sister of my father to ask for claim in the court. She has refused to claim as she is old and fragile.
After the amendement 2005 to Hindu Succession Act 1956 , can she make a claim to the property AFTER 13 YEARS OF THE REGISTRATION OF THE PROPERTY IN MY FATHER'S NAME orcan other members of demised sisters make a claim in th eproperty after 13 years of the mutaion in my fathers name of the ancestral property.
My brother himself is the affected party to the case as we are only two legal heirs of our father but his objection in partioning the property looks doubtful intention when other parties are not intersted in this property.
