Property suit over ancestral property 2005
Puttamadanaik.B
(Querist) 17 August 2012
This query is : Resolved
I have filed suit for partition of female's share over the ancestral property in the year 2005. my self got married in the year 1998 and my father and brother entered in to a registered partition deed in the year 2004(20/10/2004) and they partitioned between them to deprive my rights over ancestral property but I am not a party to the partition. and my brother sold some part of the property to third party before I filed suit. (we are three daughters two are married before 1990 and my father passed away in 2007)
I has right as per the Karnataka amended act but my father and brother taken contention that karnataka amendment act has been went out in view of 2005 central act. as per central act there should not be a partition before 2004.
sir i verified some judgments of Karnataka i am unable to under stand that i has right in view of Karnataka amended act but in view of 2005 i loose my right. kindly guide me.
thanking you sir
Mrs.Saroja
Adv.R.P.Chugh
(Expert) 17 August 2012
Yes the central amendment overrides the regional one and any partition executed and registered before 20.12.2004 cannot be opened by a daughter on the ground of being a coparcenor, however in your case the registered partition deed is datd 20.12.2004 itself, you can get this opened up as it is not BEFORE 20.12 but ON 20.12
Proviso to Sub section (1) S.6 of the Hindu Succession Act, 1956 reads as under :-
Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.
Anirudh
(Expert) 17 August 2012
Dear Puttamadanaik,
Will you stop playing tricks here.
In your earlier post, http://www.lawyersclubindia.com/experts/Sister-property-rights-314381.asp#.UC4l7qAp4mU
you said that you are a male and you got the property from your father, and your sisters are making a claim.
Now in this post, you say that you are a daughter and that you have filed a suit for partition for female share.
BETTER STOP THIS NON-SENSE.
Puttamadanaik.B
(Querist) 21 August 2012
Dear Mr.Anirudh sir,
If u are not able to answer my query, no problem, i have a good sense.Donot question about sense in open query.
Thank u.
Anirudh
(Expert) 21 August 2012
Dear Puttamadanaik,
If you have proper sense, why do you say at one time that you are a male member, and at another time you are a female member?
If you openly give different stand in a open query, why can't I question you openly?
It is not the question of not able to answer your query. In fact your query is nothing before other queries which I answer.
What I am questioning is your intention in changing the facts by you.
In fact, I find that you are unable to answer my pinpointed query - especially after I linked up your earlier query.
Puttamadanaik.B
(Querist) 22 August 2012
Dear Mr. Anirudh sir
yes,
In my earlier post i said male, but this detials wants for my friend wife, because he and she is not a member of this site. so why are you taking this too long,i think you are disturbing from my query,as a expert why do you want disturb about one simple query, forgot it sir.
Thank u
