Property dispute among brothers and sister in court
ash83
(Querist) 30 May 2017
This query is : Resolved
Hi All, can you please help resolve our family dispute with property ?
About the Property:
The property is ancestral. Belong to
My Grand fathers Grand father.
My Grand father and his brother made settled for partitions among them.
My Grand father has 4 sons and 2 daughters.
One daughter has filed a suit in court asking for 1/6th share. another daughter is not interested in property share.
My Aunt is born in 1955 and married in 1976.
Partitions made:
In 1981, Panchayat palapatti was made, We have 5 different survey number properties. The property was divided among some share to my grand father in one of the survey number and other properties was equally divided among his 4 sons and In one of the survey number. 1 site each commercial property was given and mentioned in panchayat palapatti to each of my aunts. ( 2 daughters) . All have singed the panchayat agreement.
Since the Partition was not executed in register office at that time as my aunt was forcing that she wants site registered. My Grand father directly registered site to my Aunt who has put case now. She inturn sold the site to someone. From that someone my uncle who is the fourth son purchased the property. In panchayat pallati all the persons have singed the documents agreeing to the terms in including my aunts.
In 2001, Partitions which was mentioned in panchayat palapatti, was registered with some minor changes in sub register office among my grand father and his four sons. However in this deed, there is no mention on daughters name and there is no signatures from them. Since family was good with no disputes. my aunts were okay for us to register that time without their presence.
My grand father died in 2006 nov, after the HUF 2005 act came into picture.
Current court proceedings:
The case was filled in 2010.
Currently opposition lawyer is questioning one by one to sons.
Can you please help understand the outcome of the case.
1. Does HUF Act 2005 Amendment act applies ?.
Here my grand father has died in 2006, However the partitions are done in 2001.
2. In Prakash & Ors vs. Phulavati & Ors case, SC has said that
"Finally, Supreme Court held that the rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20th December, 2004 as per law applicable prior to the said date will remain unaffected. Any transaction of partition effected thereafter will be governed by the Explanation."
In it said, it will not reopen the cases which are partitioned prior to 2004, but both my grand father and aunt are live when act came into effect.
1. Please help to understand what will be the outcome. does she entitled for 1\6th share ?
2. All our property Stay order is shown which is effective from 2010. How can we remove that stay order and how to construct something on it.
Thanks for reading through and please advice.
adv. rajeev ( rajoo )
(Expert) 30 May 2017
Produce the document to show the partition and in that partition property was given to your aunt. Unregd., partition deed can be considered as an evidence to show there was a partition.
ash83
(Querist) 30 May 2017
Hi Rajeev. Thanks for reply. We have already submitted the unregd panchayat copy to court as evidence. and document about the site registered to her is already produced.+ Original sales deeds done by grand fathers to sons, khatha extracts, tax paid receipts are already submitted showing they are in position.
Can you please help understand,
does she have the right in the property share ?
The site which is given is not enough and her contention is she wants 1/6th share in the property which is already partitioned in 2001. We have couple other properties, she wants share in the entire property as 1/6th share.
Considering the facts stated in the first post and according to current amendment of 2005 acts and reference case of phulavathi + others, please help me understand does she entitled for any share and what will be the outcome of the case. and how to get stay order removed.
Thanks.
Dr J C Vashista
(Expert) 02 June 2017
Such long story (not query) has to be discussed/consulted with a local lawyer.
ash83
(Querist) 02 June 2017
I have cut short the details and will re post as query.
ash83
(Querist) 02 June 2017
closing this case as the contents are too big to read as query
Rajendra K Goyal
(Expert) 04 June 2017
Long story. Discuss in detail with local lawyer.
