Is the daughter have equal rights over the properties granted to father by inams??
Anandakumara MB
(Querist) 01 December 2013
This query is : Resolved
Property Belongs to my grandmother’s father, After my grandmother –father death may in 1910. Out of two brothers one was expired. My father and grandmother are staying with the one remaining brother. The grandmother’s brother do’t have any males . The properties are enjoyed by my father and grandmother. The brother of my grandmother also expired and her daughters also expired.
The daughter of the expired daughter of my grandmother’s brother made litigation of the property in civil court but not succeed it was on 1937. Properties are granted to my father by Mysore INAMS Abolition act 1955 (Religious and charitable) under section 2 in 1960 by the Additional DC Inams abolition Bangalore.
The properties are granted by INAMs are hope fully self-acquired. My brothers are made the jubane vibhaga among themselves without my knowledge in 1984, which was unregistered. My father expired on 1982. As per school records my DOB is 1943.
Weather I will get equal rights as my brothers in my father properties??.
Surrender K Singal
(Expert) 02 December 2013
amended HSA does recognise daughters' equal rights as of sons !
AAK
(Expert) 03 December 2013
yes, you have rights over the property of your father (unless it is hit by Art.110 of Limitation Act).
AAK
(Expert) 03 December 2013
Article 110 provides a period of limitation of 12 years for a suit by a person excluded from joint family property to enforce a right to a share therein. Time begins to run when the exclusion becomes known to the plaintiff
Anandakumara MB
(Querist) 03 December 2013
Daughter was married on 1960, and partition amoung the brothers was in the knowledge of daughter, Is this will affect the limitation of the suit???
Surrender K Singal
(Expert) 04 December 2013
"My brothers are made the jubane vibhaga among themselves without my knowledge in 1984, which was unregistered" --- Now you claim to have konwledge ??
Better to look into written documents that may establish point of knowledge to start counting limitation of 12 years !
Anandakumara MB
(Querist) 20 February 2014
The suit was filed and proceeding in progress, But respondents are filed plaint rejection rule 11(d) based on the born before 1956. The properties are self acquired by my father as INAM Grants. Is the plaint will be rejected or any alternate remedy???
Surrender K Singal
(Expert) 20 February 2014
Simply for being born before 1956, Plaint may not be rejected ! Father has not left any WILL.
Surrender K Singal
(Expert) 25 February 2014
No Will by father entitles equal distribution amongst all his children ! You may cite ground u/R.11(d) taken for rejection;
