Daughter rights
Querist :
Anonymous
(Querist) 27 June 2011
This query is : Resolved
Dear Experts,
Married prior to Karnataka amendment act 1994 daughter don’t have property share in the ancestor. But one of the my sister is married in 1999, She is already engage partition suit in 20/8/2005 her lawyer filling the suit for him in the property 1/3 share. Because my father have one son and three daughter, another two sister were married before 1994. My father is already passed away in 2007. without any will but my father did Register partition to my name in 20/9/2004.But some of the my friends advise me your sister filled the suit for partition before central act 2005 this will come in to force only from 9/9/2005 that’s why as per Karnataka amendment act 1994 your sister claims very much clear, They said me to better compromise with him.
Above all matter I discuss with my family friends finally I am coming to this site clarify some doughts. Please clarify my doughts and help me.
My quiry is
1)What can be the Result ?
2)Other two sisters have share in the property?
3)She is file the suit for partition before central act 2005 come in to force. But now the central act is their in force. Which act is effect this case. Central or State?
4)What about my Mother?
5)Now a days I want to sold some property for my personnel problem, what i should do?
6)If this case depending on only Karnataka amendment act 1994, Can I try settlement with my sister?
Thank U sir
jayagopal with my friend Nayak
Querist :
Anonymous
(Querist) 27 June 2011
why their no reply !
Querist :
Anonymous
(Querist) 27 June 2011
Dear Experts,
Pls reply for this quiry !
s k s k sarma
(Expert) 27 June 2011
the central act is not having any retrospective effect. so the act came into from 9-9-2005. because the properties are ancentral even according to u and ur marriage taken place prior to ur state act, u can not claim at par with ur sisters but you have share in your father's share and yr mother is also having share in her husband's share. the partition deed as per yr quarry it was between urself and ur father. it will not have any footing in eye of law. so if ur sisters come forward for compromise better do it and settel the matter amicably. ur sisters can't claim entire property by excluding u and ur mother.
Deekshitulu.V.S.R
(Expert) 27 June 2011
Q1: The result is that your sister will win
Q2: The other two sisters will not get the property since there is a partition on 20-09-2004 between you and your father
Q3:Central Act
Q4:She will get the share in the property of your father. Mind you your sisters also will get a share since youor father died intestate.
Q5: you cannot sell since the property is under lis.
Q6: Best way is to settle the matter with you sister and be happy. Purchase peace.
Querist :
Anonymous
(Querist) 28 June 2011
Dear Experts sir,
I already sell some portion in entire property before my sister file the suit that purchaser also deffendent party in this suit. Unfortunately yesterday i give wrong detail about sold property Please tell me what about this matter.In this suit sold property also partitioned or not?
Thank u sir
jayagopal with my friend Nayak
