Partition

MOHAN ILAYARAJA (Querist) 18 May 2011 This query is : Resolved
Dear Experts,
Father, and two sons made registered partition of the self acquired properties of father & ancestral properties and also got signature from the mother as witness in the year 1996.
Mother died in the 1999 and father died in the year 2001.
The required clarification is these partition is happened without the knowledge of the only daughter who got married in the year 1985 itself.
can the daughter file a suit for partition against her brothers for the properties in the partition deed.

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Guest (Expert) 19 May 2011
No chance. because HSA 2005 amended act is not restrospective and it will not affect the arrangement executed before 20.12.2004. You cannot claim partition as a matter of right.

M.Sheik Mohammed Ali (Expert) 19 May 2011
yes, she cannot get claim in property, very good query reply Mr.Ganesan

M/s. Y-not legal services (Expert) 19 May 2011
Then whats the legal remedy to the married sister, ganesan sir? The father can divide his self acquired property as per his wish. Here they made partition on the ancestral property also know.. They hidded the rights of the married sister.. IGNORANCE OF LAW NOT EXCUSE FOR MEN. BUT IGNORANCE OF FACT EXCUSABLE FOR MEN. My opinion she can file a suit as earlier partition is null and void, as well as she can claim her share..

abhay dholakiya (Expert) 19 May 2011
i am agree with mr ganeshan sir that she cant file suit

Guest (Expert) 19 May 2011
Agree with Mr. Ganesan.

MOHAN ILAYARAJA (Querist) 19 May 2011
Dear Experts,
Hearty thanks for your opinion. Now the next doubt is that the partition has made between three parties but only two schedules. ie. A schedule belongs to father and the B-schedule jointly belongs to two sons. can a partition be a joint schedule and further whether the daughter can dispute the validity of the said partition deed who is not a party to the partition.

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