APPEAL AGAINST FINAL DECREE OF PARTITION
RUPESH GAKHAR
(Querist) 11 December 2010
This query is : Resolved
Q.
AN ANCESTRAL PROPERTY WAS DIVIDED BETWEEN 4 BROTHERS & ONE UNMARRIED SISTER IN 1988 VIDE FINAL DECREE OF COURT.
THERE WERE TWO MARRIED SISTERS AT THAT TIME WHO WERE NOT MADE PARTY IN THE COMPROMISE PETITION.
QUERY,
HINDU SUCCESSION ( AMMENDMENT)ACT 2005, PROVIDES AN EXCEPTION THAT THE ACT SHALL NOT APPLY TO
REGISTERED PARTION DEED OR PARITION AFFECTED BY DECREE OF COURT.
SO WHETHER THOSE TWO UNMARRIED SISTERS CAN CLAIM SHARE IN THE DIVIDED PROPERTY.
IF YES THEN WHETHER THERE IS ANY TIME LIMIT
adv. rajeev ( rajoo )
(Expert) 11 December 2010
And it is also important to know that the year of death of the father of the two sisters.
RUPESH GAKHAR
(Querist) 11 December 2010
both sisters are above 60 years as on date i.e. they were born before 1956 ( commencement on hindu succession act 1956.
father died before final decree. exact date not known, but after 1956.
also i have downloaded one case law of delhi high court , if it is of ur help. plz find enclosed
s.subramanian
(Expert) 11 December 2010
They cannot claim under the Amended Act.
RAJARAMANI
(Expert) 12 December 2010
please read your question again.
you said two married sisters but below that you asks about share for UNMARRIED SISTERS.
WHICH IS CORRECT?
ANCESTRAL PROPERTY MEANS WHAT - DO YOU KNOW THE CONCEPT
PROPERTY OF GRAND FATHER IS NOT ANCESTRAL PROPERTY
WHY DO YOU GO FOR COURT AND WHOSE INSTANCE SUIT WAS FILED
WHAT HAPPENED TO YOUR FATHER AND MOTHER
please answer these question of mine and you will get the solution.
However there is no time limit for them to claim. on the other hand if you claim exclusively it will be only by way of PLEA OF OUSTER.
RUPESH GAKHAR
(Querist) 13 December 2010
sorry mr. rajaramani, i intended to ask married sisters.
here the property relates to the father of married sisters whaich was partitioned through final decree of court in 1988.
now can u plz clarify ur concept
Pritam Saini, Advocate
(Expert) 13 December 2010
firstly decree passed against dead person that is nullity without impeded his hair.
R.Ramachandran
(Expert) 13 December 2010
Dear Mr. Rajaramani,
You have to indicate the following information for giving a proper view in the matter:
1. Where is the ancestral property situated?
2. When did each of your sisters got married?
3. What about your mother, you did not mention anything about her.
