Hi Everyone,
I would need a suggestion/expert's opinion for the below matter.
My father has purchased 3.7 Acres of land in Mysore, Karnataka ( 12 Kms from Mysore Central) on Aug 08, 2005 from Son1 and Son2 ( heirs of son2 as Son2 has died). Son2 was died before 2005. Puttamadaiah and Puttamma are the parents. They have 3 daughters and 2 sons. ( 2 sons sold the property to us )
We don't have any information how the property had come to puttamadaiah ( Father). Puttama had requested to transfer the property in the year 1989/90 as Puttamadaiah ( Husband ) died earlier. The property got transfered to Puttamma as per the legal proceddings. After the death of mother puttamma in the year 1993, two sons got the property transfer on their name in 29-9-1997 mentioning their daughters as they are married. ( No share for daughters) From 1997 they are owing the property ( Two sons)
In the year Aug 08, 2005 my father has purchased this property from Son1 and heirs of Son2. We are not related to their family at all.
one of the daughter had died before 2009 and left with two daughters
In the year 2009 the remaning two daughter flied a court case asking for share in the property giving reasons they were not aware of this proceedings. In Mysore court, the decision has made that, the daughter1 and daughters 2 gets the equal share based on Hindu Succession act 2005 rule having my father as party.
Now, My questions are
Karnataka state had made updated amendment in the year 1990 ( See attached, Section 6A , point no. d) mentioing married daughters before amendment can't have the share. Is this valid when Govt. of India amended the Hindu Succession act in 2005 has passed? Does karnatka Govt. has any latest amendment after 1990 ?
Mysore court has issued the decision stating the daughters has to get equal shares basec on Hindu Succession act 2005. When you read the act, it was effecitve from September 2005 but they back dated the rules from Dec 20, 2004 ? Why ? We have purchased the property in Aug 2005 from son1 and heirs of son2 without daughters ( Before the Hindu Succession Act 2005 passed on ) .
We had the deal in early 2005 based on Karnataka act 1990 ( Married daughter before 1990 can't have their share).
Sale registrartion happened on Aug 08 2009
Hindu Succession Act 2005 passed / effective on Sep 09, 2005 stating back date Dec 20,. 2010 ? Why ?
Don't they need to produce any document how the property came to Puttamadaiah ( father) . I don't see any document stating the same except oral agreement ? When puttamadaiah died property has to be divided between wife and children but puttamma ( wife) only transfed on her name giving puttamadaiah death as reason. Is this self owned property ?
Even though the daughters have the equal rights on the property, but the property is already sold to third person. The share of the property has to be executed by Son1 and heirs of Son2 from the property sale amount ?
Is my father responsible for paying any amount to daughter1 and daughter 2 ?
We are planning to file a case in the high court.
Any suggestion or expert comments are greatly appreciated.
