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Athi Vishal HD (Others)     22 January 2015

Female rights in father/mother's property

Respected Sir/Madam,

I am Prashanth from Karnataka.

My Grand-father has 5 Childrens, out of them 1 is female (My Aunt) whose DOB is 06-06-1953.

After my father(in 1983), Grand-Mother (1999) and Grand-Father's(2007)death, we approached the Civil Court for partition of properties which held in the name of  Grand-Mother (Purchased by her) and Grand-Father (both purchased and inheritance)  and settled the matter in the Court by the way of Compromise in 2012.

While compromising My Aunt is stating before the Hon'ble Judge and also in writing  that "I have no rights in the properties and also I don't want any properties, so I accepted the partition". She also signed the Compromising Order issued by the court.

After that we enjoying the properties. But now suddenly MY Aunt and her Childrens are demanding the 1/5 share in all the properties.

1.Is she entitled for 1/5 share? (As per the order given by High Court of Karnataka  in RFA No.326/2004, it is      cleared that only female who born after 17-06-1956 will be entitled)

2. Is My Aunt's Childrens are entitled for their share?

 

Please suggest me.



Learning

 2 Replies

saravanan s (legal advisor)     25 January 2015

she cant claim share in the property for she had signed the relinquishment deed

T. Kalaiselvan, Advocate (Advocate)     26 January 2015

The court decree drawn on compromise in the partition suit is to be seen for giving a proper opinion, however, in my opinion since your aunt has not been allotted any share in the intestate properties of her parents, her rights have not extinguished, she has full rights and she can very well seek partition and allotment of her share. 


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