My father had two separate properties at delhi and haryana and he died in dec.1996 at delhi house without leaving a will. My mother died in Nov.2006 at the delhi house.But he had made oral partition stating that two sons will reside at delhi house and eldest son will stay at haryana house. We are three brothers and three sisters , all married. In 1999 my eldest sister filed a suit for partition seeking her share in the property at delhi as it is of high value. The suit was tried by the delhi high court from 1999 to 2009, and the case was transferred to ADJ bcz of fixation of pecuniary jurisdiction. The ADJ ruled .."no partition in terms of Kuldeep Narsimha Murthy Vs. Susheelabhai (AIR 1996 SC 1826 ) case and Sheela devi & ors Vs. Kishan lal Kalra & ors (ILR (1974) II Delhi case as suggested by this forum's legal experts. This was decided on the basis of section 23 of the HSA,1956 . The ADJ ruled that pending cases were to be decided under the old law and the amendment act 2005 does not apply to this case. The eldest sister appealed against this judgment to the delhi hight Court. The DHC remanded back the case to decide afresh on the issue : WHETHER THE SUIT OF THE PLAINTIFF IS NOT MAINTAINABLE UNDER SECTION 23 OF THE HINDU SUCCESSION ACT IN VIEW OF PRELIMINARY OBJECTION TO THE WS? and second issue is : TO WHAT AMOUNT, IF ANY, THE PLAINTIFF IS ENTITLED FROM THE INCOME OF THE JOINT PROPERTY RECEIVED BY THE DEFENDANT No. 1 TO 3 ?
Is section 6 (new) applicable to ancestral property only ? if yes, then which law will apply for deciding the issue where it is separate property in issue?
Kindly advise SC case laws in our favour. We are two brothers contesting this case against the eldest sister . Next date of hearing at the Distt Sessions judge is 8-12-2011.
We request urgent legal advice along with SC judgments on the issues.
regards,
your's sincerely,
Satish Kumar
9810544388
