Property Share
Querist :
Anonymous
(Querist) 03 June 2011
This query is : Resolved
Dear Experts,
My father have some aggricultural land. My family is three sister and one son including my mother, in 2004 my father give the all property for me by registration,and in year 2006 my father is passed away, but in this registration deed we are not mentioning any thing for daughter, Then in 2005 as a son i am sell some of the property to third party, now the problem is one of the my second sister file the suit for her partition in 2005.The case title is My sister is plaintiff, and My father, my self, First daughter, third daughter, my mother, and purchaser are the diffendents.My father is passed away after commence the case.Then My self and my father,mother& third sister are the Exparty's in this case,
one more thing is property are not a self aquaired property for my father.
My question is:
1) I got registration deed in 2004 this will help me or not?
2)My fathre passed away in 2006 this will help for me or my sister?
3)I have already sell some of the property for third party, this can problem for me or purchaser?
4)Case is filing only one of my sister, how this possible?
5)any possibality to she will win the case?
6)If she will win the case how much share she will get?
7)Another two sisters have share or not?
8)My sister is asking 1/3 share in the entire property, how it is possible?
9) I only win this case, please let me know way how to win?
Please calrity my doughts and tell me next better step.
Thank u sir,
&
Regards
Anonymous
Querist :
Anonymous
(Querist) 03 June 2011
Dear Experts this details from Karnataka state.
R.Ramachandran
(Expert) 04 June 2011
Since the property is not the self-acquired property of your father, you have a problem.
Before I could answer your query, please indicate as to when each of your sisters got married?
Querist :
Anonymous
(Querist) 06 June 2011
Dear Ramachandran Sir,
First sister got marriage in 1985, Second sister got marrieage in 1998, and third sister got marrieage in 1990. This is the marriage details of my sisters please give me good suggestion, or tell me better to compremise with them.
R.Ramachandran
(Expert) 06 June 2011
Your family consists (after the death of your father) five persons i.e. your mother, your three sisters and you.
While three sisters and you are the co-parcenars, your mother is not.
However, when you effect a partition between you and your sisters (who are also co-parcenars as per HSA (Amendment) Act, 2005), you have to give an equal share to your mother as well.
Therefore the ancestral property has to be first partitioned in such a manner that each one of you get 1/5th share.
Thereafter, please see whether the part sold by you falls to your entire share of you or not. If it falls to your entire share then you can hand over the rest of the portion to your sisters and mother.
Otherwise, you have to sit and work out the matter. In any case, while your sister cannot claim 1/3rd share (I do not know on what basis that she is claiming so), you cannot avoid giving her 1/5th share in the property.
Querist :
Anonymous
(Querist) 06 June 2011
Dear Ramachandran sir,
Please clarify for me, What is the falls of my entire property,If any possibality is their for my sister get share in the sold property . If purchaser is not ready to give any thing for him, what is the next procedure for me. One more is my mother is also have one acer of land in her name,this property purchased by our family earnings, then also she will get share in my entire property or not. My sister is asking share about HSA 1990 karnataka act,Please let me know this act is their in running or not.
Thank U Sir
R.Ramachandran
(Expert) 06 June 2011
Dear Anonymous,
The property in the name of your mother is her personal property. In spite of that she will get 1/5th share from the ancestral property.
Once the original ancestral property left behind by your father (not the existing property which is only the balance after selling some portion from the original property) is divided into meats and bounds in five parts, then you have to ensure 1/5th share is given to each. If you have sold much more than your share, then either you have to give the money value to your sisters if they agree, or the entire sale transaction will come to naught.
I have already stated that your father had not partitioned the property at all and he could not have given the entire property in your name. That is invalid and if challenged will be set aside.
Thus, since the property had not been partitioned during the lifetime of your father till 2006, the HSA Amendment Act, 2005 would come into play and all the sisters (even those married prior to 1994) would be eligible as co-parcenars for an equal share in the property.
Your second sister's claim for 1/3rd share appears to be based on KTK 1990 Amendment, but that would be inapplicable since the property was not partitioned at all prior to 1994.
Querist :
Anonymous
(Querist) 07 June 2011
Good Morning Dear Ramachandran Sir,
My reply is continueing dont mistake me,
I have alredy read your good suggestion, I have some question is theire,
1)Finaly i am decided to share with my sister, total property of my father is 10 acer inculding my mothers.I am decided to give three sister to 1 acer each, if they cannot akcept this one what i should do?
2)I have landed two houses also, but this houses are not mentioning in the partition suit, any possibality is their they mention now ?
3)Third party purchaser is ready to give them some money and settlement with them, but they are not ready for that, why?
4)Second sister got marriage by other cast person, we are not conduct her marriage, What about this matter.
Thank U sir,
& Thank u very mcuh.
Querist :
Anonymous
(Querist) 07 June 2011
Dear sir,
One more you r stated that my father is not have given the entire property in my name,This is wrong , before i sold the proeprty all my father proeprty are changing to my name by registration, and RTC and mutation already changing to my name, Please clarify this .
Thank U Sir,
