Female rights on ancestral property

Querist : Anonymous (Querist) 22 February 2011 This query is : Resolved
Dear Members,

My Grand Parents died in 1980 leaving behind 3 sons & 2 daughters. Thereafter, my father & his two brothers executed partition Deed dated 23-03-1999 and shared equally of 3 acre of their ancestral property at Karnataka.

Two daughters had got married before partition Deed and leaving WITH their husbands at different location of Karnataka.

Let me know that as per the Karnataka High Court Division Bench Hon'ble Judges Shri.N.KUMAR & GOPAL GOWDA, held that as per Hindu Succession Act section 6 - on or before (cut off date) 20-12-2004 whatever partition deed executed before 20-12-2004 it cannot be revoked.

I thin it is pending before Hon'ble Apex Court.

Please tell me that whether our partition deed can be challenged or revoked by our father sisters in the court of law.

Thanks for urgent reply

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Dayananda Gowda (Expert) 23 February 2011
As per the Rulings of High court i.e., judgement passed by N.Kumar the earlier partition will be re opening if the daughters are not parties to the said partition.

As per amended succession Act, if the partition deed is registered before cut of date the daughters has no right to seek partition.

The N.Kumar Judgement case is pending before the Apex Court.

If partition is not at all challenged by the daughtes or your fathers sisters within 12 years, they have no right to seek partition. Since the same is not within the limitation period

Advocate. Arunagiri (Expert) 23 February 2011
The partition deed was already executed, so the same can not be challenged now.

s.subramanian (Expert) 23 February 2011
The sisters can seek partition and the partition deed between the brothers alone will not bind the sisters. Question of limitation will not arise at all.

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