Equal share to women as per hindu succession act 2005
Bahuguna
(Querist) 10 October 2017
This query is : Resolved
Hi, my grand father maregowda, my father(Ravi) & My uncle Chowdegowda entered into a deed in the year of 1993 & they partitioned between them by using "PaaluPatti".
But the PaaluPatti has not registered on that time(Now after filed a case by our aunt's, the court approved to register PaaluPatti recently. We registered Paalupatti recently i,e March-2018).
As per Paalupatti, Total 6 acres divided and shared between my father, my uncle & my grand father. They got 2 acre each respectively.
Out of 6 acre, 3 acre derived from my great grand father & 3 acre was purchased by my grand father.
That includes one more agreement which is my grand father can crop in his part of asset until unless they both alive(My grand father & grand mother) & after their death it will be divided between my father & my uncle.
After that all documents(RTC, Separate Pallupatti & EC) are coming in their names as per their partition.
Everything goes right until my father alive, after I lost my father, my aunt's file a suit for portion over female share over the ancestral property in the year of Nov-2010.
Now my aunt's husbands with their sons, threatening my uncles family with goons & they are trying to prevent me & my uncle to crop in our land. Their intention was to rise a criminal case on me & my uncle's 2nd son to stop preparing for gov't exam.
1> So as per the Hindu Amendment Act 2005, will they(My aunts) gets equal share.?
2> Will they get share only my grand father part of land 2 acre (because it still in my grand father name only)
3> How can we raise a complaint if they comes with goons next time. Police complaints won't works, because they (My aunt husband & son's) are big hand in society.?
Below am sharing full details of my ancestors. Which may helps to understand clearly
A) Maregowda(Grand father) (Died: Sep-2009)
B) Sundramma(Grand mother) (Died: March-2011)
i) Hombalamma(My aunt)(Married in 1965, Born in 1945)
ii) Ravi(Father)(Died: Aug-2008)
iii) Chowdegowda(My uncle)
iv) Chikkamma(Aunty Married in 1980, Born in 1963)
Important Date:
Grand father died: Sep-2009
Grand mother died: March-2011
Case filed: Nov-2010
My first aunt married: 1965
My second aunt married: 1980
Partition date: June-1993
Sorry for bad English & not using of law terms(because I don't know)
Please help me regarding this, am eagerly waiting for your reply.
Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp
Kumar Doab
(Expert) 10 October 2017
Local terms are involved. Local counsel well versed with local terms can guide you the best.
Kumar Doab
(Expert) 10 October 2017
Generically speaking; without any reference to Local Term Pallu patti........
The daughter has share if ancestral property is not partitioned by registered deed per provisions of Central Act referred by you.
Bahuguna
(Querist) 11 October 2017
Hi @Kumar Doab sir, Thank you so much for your reply & am really so happy because of you spend some times to read this case
Paalu Patti means Property Registration Paper which can done through VA & Gram Panchayath.
Also call as Panchayat Paalu Parikath(Paal Paarikattu)
Property partition was done through Form. No 20
ಫಾರಂ 20ರ ಮೇರೆ MR-13/93-94 ಇತರೆ
(Form 20 upon MUtation Record - 13/93-94)
Please help me
P. Venu
(Expert) 11 October 2017
How is that the property is ancestral?
When was the Paalu Patti registered (March 2018 as stated, is certainly a mistake)? How? Who were the signatories to the deed?
Bahuguna
(Querist) 11 October 2017
Hi, @P. Venu sir thank you so much for response
1: How is that the property is ancestral?
3 acre was purchased by my grand father & another 3 acre was derived from my great grand father
2: When was the Paalu Patti registered (March 2018 as stated, is certainly a mistake)? How? Who were the signatories to the deed?
No, Paal Patti (Deed patition paper) was registered in taluk office in this year. i,e., 2018
Court approved to register Paalu Paati to register after 10-11 hearings.
Signorities: My grand father, My father, My uncle
P. Venu
(Expert) 11 October 2017
This year is 2017, not 2018.
It is unconvincing that the Court has approved the Registration. What was the case? What was the relief sought?
Bahuguna
(Querist) 11 October 2017
sorry sorry sir
1> yes sir court has approved for registration of deed
Case related to "Partition suit over female share on her ancestral property"
I don't know much about relief sought. Need to ask lawyer.
Kumar Doab
(Expert) 23 October 2017
Check with your lawyer...
