Partition law
SHAILENDRA PRIYA
(Querist) 29 October 2011
This query is : Resolved
Sir, I am Priya from Mysore, earlier in my query i had asked that in partition suit they say that ancestral property rights is by birth but in pushpalatha judgment daughters born before 17-6-56 are not eligible for equal share but why is it that supreme court in its judgment on 12-10-2011 with reference to Gandhuri koteshwaramma vs Chakiri yanadi they have not taken date of birth into consideration and all other high court judgments such as orissa high court even they have not taken date of birth into consideration how is it that only karnataka high court has taken this into consideration and is it a sin that earlier born people are going to be denied rights in ancestral property
sir plz i want a reply.
with regards
PRIYA S
R.Ramachandran
(Expert) 29 October 2011
Dear Ms. Priya,
According to me, the decision of the Karnataka HC in the matter of Pushpalatha especially in regard to the date of birth is not at all correct.
Raj Kumar Makkad
(Expert) 29 October 2011
Hindu Succession Act came into existence only on 17.06.1956 hence no right of daughters in ancestral properties was recognized prior to that date and case of Pushpalatha was decided accordingly whereas in subsequent referred cases, the date of death of their father has been taken into consideration rather of date of birth of beneficiary daughter.
One thing be cleared. Generally Acts remain applicable with prospective effect and not with retrospective effect so no complaint of discrimination should be made.
prabhakar singh
(Expert) 29 October 2011
But what about recent judgement of SC which opens succession on a different footing.
sanjeev murthy desai
(Expert) 31 October 2011
Hon'ble SC's Juggement prevails over all other high court judgments.
R.Ramachandran
(Expert) 31 October 2011
Dear Priya,
You have to give complete facts of your case, which so far you have not given, instead you have been asking whether date of birth is to be seen or not etc. etc.
I would suggest that you give complete facts of your case, so that one can give an appropriate answer to your situation.
R.Ramachandran
(Expert) 01 November 2011
Dear Priya,
When you already has a thread, why are you posting your reply in another fresh thread and that too under "ANONYMOUS"?
You have given the following information:
Partition suit
Sir, i once again thank you all for answering my query this is Priya from Mysore i am submitting my case details
PROPERTY: DWELLING HOUSE IN THE HEART OF THE CITY OF MYSORE AND AGRICULTURAL LANDS FROM 20 KMS FROM MYSORE
great grand father: Thimmappa
grandfather: Ananthrajaiah
father: Jeevandraiah
Jeevandraiah had 8 children out of which 6 are female and 2 are male out of 6 females 2 are born after 17-6-56 and the remaining 4 are born before 17-6-56 Jeevandraiah died in march 2004 no will or any type of agreement During the period of jeevandraiah we were fighting a partition suit in the district court of mysore we lost the case only because of date of birth of my mother I am the daughter of one of the females of Jeevandraiah who is born before 17-6-1956 we lost the case for equal share only because of N Kumar judgment in Bangalore high court I am submitting all these details because Mr. Ramachandran had asked for the details of the case I hope i have given all the details with regard to the case.
Sir, hoping for reply plz reply
PRIYA.S
The above information is not at all enough.
You have to indicate the following: Please give your answer against each of the question.
1. Whether AGRICULTURAL LANDS were self-purchased by your great grand father Mr. THIMMAPPA or he received it from his father etc.?
2. Whether the Dwelling House was self-purchased by your great grand father Mr. THIMMAPPA or he received it from his father etc.?
3. In which year Mr. Thimmappa die?
4. In which year did Mr.Anantharajaiah die?
5. Can you state the exate date of death of Mr. Jeevandraiah?
6. Whether the property was partitioned by Mr. Jeevandraiah between his sons? If so, when (i.e. the year) did he partition the same?
7. In which year did your mother file a case for equal partition?
8. The property is in whose name presently?
SHAILENDRA PRIYA
(Querist) 05 November 2011
Sir, this is priya from mysore. I have posted my query and answers for the above questions in first thread. Sir, kindly reply.
priya s
SHAILENDRA PRIYA
(Querist) 07 November 2011
Sir, (to mr Ramachandran ji)this is priya from mysore I am giving these reply with reference to the following query.earlier in my enquiry i had given these details
PROPERTY: DWELLING HOUSE IN THE HEART OF THE CITY OF MYSORE AND AGRICULTURAL LANDS FROM 20 KMS FROM MYSORE
great grand father: Thimmappa
grandfather: Ananthrajaiah
father: Jeevandraiah
Jeevandraiah had 8 children out of which 6 are female and 2 are male out of 6 females 2 are born after 17-6-56 and the remaining 4 are born before 17-6-56 Jeevandraiah died in march 2004 no will or any type of agreement During the period of jeevandraiah we were fighting a partition suit in the district court of mysore we lost the case only because of date of birth of my mother I am the daughter of one of the females of Jeevandraiah who is born before 17-6-1956 we lost the case for equal share only because of N Kumar judgment in Bangalore high court.
Sir, Ramachandranji had asked following questions
1. Whether AGRICULTURAL LANDS were self-purchased by your great grand father Mr. THIMMAPPA or he received it from his father etc.?
2. Whether the Dwelling House was self-purchased by your great grand father Mr. THIMMAPPA or he received it from his father etc.?
3. In which year Mr. Thimmappa die?
4. In which year did Mr.Anantharajaiah die?
5. Can you state the exate date of death of Mr. Jeevandraiah?
6. Whether the property was partitioned by Mr. Jeevandraiah between his sons? If so, when (i.e. the year) did he partition the same?
7. In which year did your mother file a case for equal partition?
8. The property is in whose name presently?
here are the details.
1. AGRICULTURAL LANDS (As per the govt revenue dept karnataka, the lands are in the name of my mother and aunts it states that it is gifted (inam) by govt directly)
2. Dwelling house was built by Ananthrajaiah but the place was given to Mr. Thimmappa by the maharaja of mysore.
3. death date of thimmappa and ananthrajaiah not known
4. exact date of Mr.Jeevadraiah 20-3-2004
5. property was not partitioned between Mr.Jeevandraiah and his sons.
6. In the year 1994 a case was filed for partition by suresh (jeevandraiah son) the case went on till 2010 when my mother and aunts filed the case for equal share in ancestral property.
7. The property presently stands in the name of Mr.Jeevandraiah.
Sir i have given all the information is correct sir plz reply sir
Waiting for your reply
PRIYA.S
