HINDU SUCCESSION ACT 2005

does karta has a power of alienation for joint family property? under which section?

what about married daughter whos name has not been given in list of  petitioners for succession certificate

FRIENDS,
I will be grateful if any legal experts answer my question regrding hindu succession act 2005.

1.  We have an ancestral property in a village in Bahror Tahsil of Alwar Dist. of Rajasthan.

2.  My grandfather died in 1979 with a intestate agricultural land property leaving behind a widow, three sons  and two daughters, details of which are given below.

• Elder sister (1D) of my father born in 1930, married in 1949 in a village in Sikar dist. of Rajasthan and died in 2006 leaving behind a son (1DS) and one daughter (1DD). Husband of my father's sister was died in 1971. The daughter (1DD) married in 1974 in Nagor dist. of Rajasthan and she is alive. The son (1DS) is diied in 2008 in an accident leaving behind a widow (1DSW), one adult son (1DSS), one adult daughter (1DSD1) and one minor daughter (1DSD2).  
• My father is alive having three sons
• Elder uncle died in 2008 having 3 married daughters and 1 married son.
• Younger sister of my father is alive married in a village in Jaipur dist. She has two married daughters and two married sons. He husband is also alive.
• Younger uncle is alive and having a married son.

3.  Since 1979 after death of my grandfather, only three sons are cultivating the land jointly and sharing the income and sisters are not taking any parts of agriculture cultivation or any buisness pertaining to it. However, they use to attend the functions, ceremony of the family but never claimed for partion or share in agricultural land income.

4.  After new act came inforce in 2005, in land record of the tehsil, name of both sisters also introduced by the authority alongwith three brothers however, they never claimed for that.

5.  After the death of my father's elder sister in 2006. Her son has also never claimed his share in this joint land and his name was also not appeared in lad records. He died in a car accident in 2008. But in sept. 2009, his widow (1DSW) alongwith her children got introduced their name as co-heir in land record (1/10th share) with the help of agents, sarpanch (who is her relative) and officials without informing the land heirs.

6.  This came to know by us (my father and all alive brothers & sister) in April 2010 only when widow of my father's sister's son and her childern (1DSW, 1DSD1, 1DSD2, DSS) sold their share of land (1/10th) to a unknown person of nearby village.

Please advice me

1. How we can stop this transaction and get back our land?
2. The action (including land registration on their name and its selling without informing all remaining co-heirs) of widow & her childern of my father's sister's son are legal?
3. does Under section 22 any prference we are eligible to get?

Regards

PChauhan  

Hi Friends,

My mother was the owner of All our properties and She is no more. 

We are 3 siblings (1 son (me)(married) 2 daughters ((sisters) both married)).

My father is alive.

Can somebody help in  following questions:

1) How many are the heirs in this sitaution?? Does Father is also one of the heirs??

2) We are in dispute. One of the heirs is not ready to do the partition?? what is the solution of this situation? But rest are ready to give the property to me.

3) Somebody suggested me to get Relinquishment Deed done from the heirs who are ready to release the property for me. Will this be enough for me to become the owner of part of property released by other heirs?? 

I am in urgent need of this information.

Please help me...

Thanx in advance.

whether this act is applicable to the suits filed prior to 2003?