Act 2005 versus our future
PUSHPARAJ
(Querist) 10 November 2012
This query is : Resolved
RESPECTED SIR/MAM,
MY FATHER REGISTER CASE AGAINST MY UNCLE. MY GRANDFATHER NAMED Y THOTE DIEAD ON 8/5/2001 HAS TWO WIVES. FIRST KISNABAI[A SON(MY FATHER) AND A DAUGHTER] AND SECOND GANGABAI[A SON(MY UNCLE) AND 3 DAUGHTER]. SINCE THE DEATH OF MY GRANDFATHER WHATEVER THE PROPERTY ,ALL IS CONTRROLED AND PAID TO HIM(MY UNCLE).
MY FATHER WON 1ST CASE IN 10/03/2008,2ND ON 07/09/2011,A DECREE CASE PROCESSED. BUT MY UNCLE JUST PASSES THE TIME BY APPEAL. RECENTLY HE APPEAL IN HIGHCOURT,NAGPUR. I POST A ORDER DATED 10/03/2008 AS FOLLOWS:
ORDER:- SUIT IS DECREED. THE PLAINTIFF(MY FATHER) IS ENTITLED FOR 12/35TH SHARE AND SEPARATE POSSESSION IN THE SUIT PROPERTIES.DEFENDANT NO1(MY UNCLE) IS ENTITLED FOR 8/35TH SHARE,DEFENDANT NO.3(MY FATHER's SISTER) IS ENTITLED FOR 12/35TH SHARE AND DEFENDANT NO.4,5,6(MY UNCLE's SISTERS) IS ENTITLED FOR 1/35TH SHARE EACH AND SEPERATE POSSESSION IN THE SUIT PROPERTIES EXCLUDING THE PROPERTIES ALREADY SOLD BY DECEASED Y THOTE.
PRECEPT BE SENT TO THE COLLECTOR,GONDIA FOR EFFECTING PARTITION OF THE AGRICULTURAL LAND.PARTITION OF HOUSE PROPERTIES AND OTHER PROPERTIES BE EFFECTED BY APPOINTING THE COURT COMMISSIONER. THE DEFENDANT NO.1(MY UNCLE) IS DIRECTED TO RENDER THE ACCOUNTS IN RESPECT OF EARNINGS FROM THE SUIT PROPERTIES SINCE THE DATE OF DEATH Y THOTE.
AN INQUIRY BE HELD INTO FUTURE MESNE PROFITS UNDER ORDER 20 RULE 12 OF C.P.C. PARTIES TO BEAR THEIR OWN COSTS. A PRELIMNARY DECREE BE THROWN UP ACCORDINGLY. DATED , MARCH 10, 2008.
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SIR/MAM,THE CASE IS ADMITTED IN NAGPUR HIGHCOURT ON THE BASIS OF EQUAL PARTITION OF DAUGHTERS ACCORDING TO HINDU SUCCESSION ACT, 2005, OF APPEAL BY HIM,MY UNCLE. WHAT IS THE JUDGEMENT ACCORDING TO YOU WITH RESPECT TO ACT 2005? IS THE SHARE WRITTEN IN ORDER OF DEFENDANT NO. 3(DAUGHTER OF 1ST WIFE) AND DEFENDANT NO.4,5,6(DAUGHTER OF 2ND WIFE)SAME? WHAT SOULD MY FATHER DO TO TAKE LEGAL AUTHORITY OF PROPERTY? PLEASE HELP ME ....THANK YOU. I AM WAITING FOR YOUR VALUABLE RESPONSE ON MY MAIL ID:-pushparth@gmail.com
Devajyoti Barman
(Expert) 12 November 2012
Yes, they have equal share.
I do not know the case history or the earlier judgement.
