Property Share post latest Hindu Succession Act 2005

Dear Mr. Shekar,

The grand father's property is an ancestral property (a co-parcenary property). 

With effect from 1.1.2005, in a joint Hindu family governed by the Mitakshara law, the daughter of a co-parcener shall by birth becomes a co-parcener in her own right in the same manner as the son and would have the samerights in the co-parcenary property as she would have had if she had been a son.

In the normal course, being daughter of a co-parcener, your Aunt's  would have been entitled to an equal share in the ancestral property (property of your great grand father/grand father) from 1.1.2005.

However, in the instant case, according to you, the partition took place amongst your father and his brother in the year 1989 itself.

According to proviso to Section 6(1) of the Hindu Succession Act, 1956 (as amended), "any partition that took place prior to 1.1.2005 shall not get invalidated or affected".  In other words, even though your aunts would have been entitled to equal right as that of a son on and from 1.1.2005, if any property in which they could have claimed a rightful share had been partitioned prior to 1.1.2005, then they  will not be in a position to upset the partition that had already taken place amongst your father and his brother.

Thus,  there is no need for signature of your Aunt for selling the property.  Insistence for the same by the buyer is without any legal basis.  If he is not seeing reason, then you may have to look out for some other buyer.

aunty can raise disput and challenge partition and file suit.till the final disposal of suit property may  remain disputed ,so purchaser is right in his way ,you can find out another purchser on the term as it is where it is .

this is  one of the lacuna of indian judiciary system copied from harmkhor british.

Dear Sir,

Thanks for your quick reply,

I would like to mention again that the partition, panchayti parikat between my father and brother was not registered.

And my aunts are in good terms with my uncle and my uncle is getting good rent from his portion and unfortunately we have not developed our property for earning rent.  my uncle works for a firm which is of my 2nd aunt and he is the key player in there business. 

Due to the current law which says that retrospective of previous laws my aunt can dispute the partition, i want to take advantage of my uncle closeness to my aunt and file a suit saying i have been gifted the property and would like to know if they have any claims, if they claim, they have to claim a portion of property of my uncle as well, and this puts my uncle also in soup.  And is there any way i file a suit for claim as said above and if my aunts decides not to claim due to my uncle working in her firm and i get a decree saying that since the aunts have not claimed and the court rules that i can sell the property without any disputes and corner my aunt for not raising any dispute in future. 

Also is there any way that my aunts can release there right for the property only for my uncle and not us through a release deed.

During the suit can i pin my uncle of all his earnings of rent to be deposited in the court and this puts extra pressure on my uncle.

Finaly can you please let me know this kind of suit what time does it take for final disposal.

Thanks,

Shekar

Law says "The ........in which a presidency town is included and the ..........Delhi district  may receive and register any document ................without regard to the situation in any part of India of the property to which the document relates."    

Now when the possession of the property is with you and you can get it handed over with  legal transfer document why the buyer is forcing for signature of aunt , seems that he wants to reduce purchase price exploiting the point of aunt.

As regards partition, if unregistered,  it is inadmissible in evidence.

Regarding amendment in Hindu Succession Act in 2005, the  subject property's matter, if it comes before the court thro' your aunt , it  will be tried  in the court  in the light of the positions explained above.

Though now it is December and your query was in Aug. still if you are in problem can take help from me on legallhelpp@yahoo.in and I will email you full text of the relevant law which will solve your problem created by your buyer.