In the light of new judgment of Supreme Court on 16th oct 2015 what I shout do for my case:
Breif:
X died in 1998 leaving two wives and their children’s behind. Property was divided between both of the wives in 2001 with the consent of all unmarried daughters and sons as per Karnataka hindu succession amendment act 1994 law that point of time. Subsequently Katha of Scheduled ‘A’ property was transferred to first wife and Katha of Scheduled ‘B’ property was transferred to second wife on the records of BBMP.
- In year 2006, I bought the Scheduled ‘B’ property from second wife.
- In year 2014 daughter of first wife who was married in 1993 and excluded as per Karnataka hindu succession amendment act 1994 filed a case claiming her share in the properties.
Plaint Highlights:
- Father has possessed joint family property A and B
- Plaintiff and her family is in joint possession.
- Father bought these property in 1969-70
- Father manages the affairs of the joint family and looking after the scheduled property as a kartha thereof.
- Property was sold to me in 2006 without her consent however she has not brought any point in her plaint that property was divided in 2001 between both of the family.
IA filed by me:
- IA was filed for the insufficient court fee
- Objecting that it was a self acquired property of father and not in joint possession of the plaintiff and her family because she herself admitted in the plaint that the scheduled property B has been sold to me in 2006. Also in one place of the plaint it was mentioned that “father bought these property in 1969-70
Judgment on IA on 13 Aug 2015:
- Rejected our IA by saying that “ the pleading of the plaint indicate that the plaintiff has maintained this suit for partition and for other reliefs on the ground that the scheduled property are the joint family properties of her and defendant No 1-9. It is the case of the plaintiff that the scheduled properties are the properties purchased by her grandfather. No doubt that plaintiff has stated about the defendants 7-9 having executed the sale deed in favour of defendant no 10 (me in this case) on 3/6/2010. It is the definite case of plaintiff that such document came to be executed without her knowledge or consent. Hence court fee is sufficient”
Untill now plaintiff has not filed any objection for this judgement that she has not mentioned in her plaint that it was her grandfather property and also looking at the plaint she tried to bring the case under hindu succession 2005. Court from the reading of the plaint reached to the same conclusion and rejected our IA
Now as it is clear from Supreme Court that if father died before 2005 and any division happened before 2005, such properties are not available for daughter. In the present case thought it was self acquired properties but she has filed the case by saying that it was father’s joint family property and he looked after as kartha. Court has also conceded the same facts and rejected out IA.
Now can I file an application to dispose the case in accordance with the Supreme court order.
