PARTITION OF PROPERTY
SATISH KUMAR
(Querist) 24 July 2009
This query is : Resolved
We are three brothers and three sisters. my father died intestate. this is his separate property/self acquired.my eldest sister filed suit for her share and made all other as defendants.two defendants supported her and one asked for partition.Now after deletion of section 23 of the hindu succession act , all are entitled for equal shares in the property.The amendment is prospective or restrospective in operation ? what defence can other defendants take to aviod partition of the property? and avoid selling of the property .Kindly advise.Court is forcing mediation in the matter. An Urgent advice is requested.
A V Vishal
(Expert) 24 July 2009
In what context are you asking whether it is Prospective or retrospective.
Point 1: Assuming your father passed away intestate prior to Dec, 2004, the subject property was not partitioned,hence the girls have right over the property.
Point 2: Assuming your father has passed away after Dec, 2004, the owner died intestate even in this situation the girls have a right.
Partition is inevitable under law.
Y V Vishweshwar Rao
(Expert) 25 July 2009
This Query is connected with another Query - Hindu Succession Act by You !
Better you can opt for mediation and compromise
