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M. Ramachandra (Programmar)     30 March 2013

Daughter's right

Respected Experts,

                My father is at his 74 age and has one elder brother and two younger sister's. All have been borned before 1956. Grandfather died in 1987 and his property (Agriculture Land 8.80 acre) was partitioned between my father and his brother (JOINT ACCOUNT) with the consent of my fathers sisters(two) through oral partition by submitting affidavit in front of Revenu Inspector. Since then my father has been cultivating the said land and in his possesion. Again said land partitioned between my father and his eleder brother equally into separate account in 2010 with his consent, which was in joint account since 1988. Now ( March, 2013) both sisters filed a suit against my father in the court saying "the said land was transfered by cheating them". Now an affidavit which was submitted infront of Revenue Inspector is with my fathers eleder brother.Now he (fathers eleder brother) says that he would not give that affidavit and said land should be partitioned equally. We got the notice which was sent from revenue department during partition process in 1988 reagarding any objection to the partition. But nobody objected during partition process. Partition is not registered with sub registor office. My question is to how can i obtain the parition affidavit or any relevant document from revenue department ? How can i prove before the court ? Kindly help me as we have invested lot of money on the land. Any help would be appreciated. THANKS IN ADVANCE.



Learning

 3 Replies

aparnakanampalle (PARTNER)     30 March 2013

According to the present law daughters have equal right for the property; but, if they have already submitted an affidavit with the revenue officials, you can make an application under rti, enclosing a copy of the 1988 document (notice) sent by revenue official, and apply for the same and you stand a chance to get the same.  Try it out, you may find success.

1 Like

Sarita (Building Designer)     01 April 2013

The Hindu Succession Act 2005 is in effect since 2005. Please let me know how the sisters can claim their rights to their parental property after both parents are dead. Pl. note that the only brother is in possession of all the property documents and do not agree to share.

  • How to initiate action to get rights to parental property?
  • Will it have to be a partition suit or simple petition to Revenue Officers?
  • Pl. clarify whether the property for sons and daughters will be Family property or also those earned by either of the parents.
  • Do all sisters file petition? 

 Sarita

1 Like

M. Ramachandra (Programmar)     01 April 2013

Yeah ! Both sisters filed a case against my father.  Since the said property is ancester property. I'm told that partition must have been registered with the sub registror office(not sure).


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