Daughter share in father porperty
Querist :
Anonymous
(Querist) 01 June 2011
This query is : Resolved
Real fact is we are three daughter and one son for our father, my father have 10 acer of agricultural land, Land are sutiated in Karnataka state, Bangalore district, we all three are married daughter for my father, first daughter is marriage in 1985, second daughter marriage in 1998, and third daughter is marriage in 1990. Coming to the point is my father gave the all property to my brother by registration did in 2004, and he passed away in 2006. In this Partitions did my father did not mention any thing for daughters, Total property are registered for my brother, and my mother also have one acer of land in her name, this land will be purchased(1996) by my father earnings, now she also favor of my brother, but still this property is there in name of my mother. My brother is sell some property to third party also . In all property daughter are not getting anything, that’s why as a second daughter marriage in 1998, I am thinking file the suit for asking for my share in the entire property. Please give your good suggestion for me what is the share in the property for me 1/3 or more as per THE HINDU SUCCESSION (KARNATAKA AMENDMENT) ACT, 1990. And please let me know I will win the case or not.(I dont know the propertys are which one is ancestral and which one is self but before death of my father all property are there in his name)
Expect your good suggestion,
Thank u
&
Regards
Anonymous
Querist :
Anonymous
(Querist) 01 June 2011
Dear experts,
I am not started request line on this message, pls dont mistake me.
Querist :
Anonymous
(Querist) 01 June 2011
Dear Experts,
Please answer my message,
G.Sundara Rajan
(Expert) 01 June 2011
Yes ! you can file for partition of the entire property and file a suit for partition making all your brother, sisters and mother as defendant parties, and also file for an injunction so as "not to alienate the property" pending disposal of the partition suit.
If your brother is trying to sell the property to the third part, you need to file a partition suit immediately and take an ad interim injunction, failing which, issues may get complicated further.
Gaurav Biyani
(Expert) 01 June 2011
Sorry to say this but you cannot file the suit for partition in the present year. Reasons:
First you are married.
Secondly The father had executed the partition deed in your brothers name which has been accepted by both the parties.
Thirdly, That you are not the coparcner in that property.
Fourthly the new amendment of 2005 is not retrospective in effect. If the partition was executed on or after 24/09/2005 then you may have the right to claim the share in the property even though you are married.
Querist :
Anonymous
(Querist) 01 June 2011
Dear Experts,
G.Sundara Rajan sir says yes, But Gaurav Biyani sir Says no, Please clear the dought, i have now also much more dought.
Thank U.
Querist :
Anonymous
(Querist) 02 June 2011
Dear Experts,
Please answer this message,two experts are says two type, i have lot of confusion, Please give me correct suggestion.
Thank u.
