Hi,
A father had 1 son & 3 daughters and had 34.5 (17.5 ancestral + 17 self aquired) acres of total land.
1st daughter got married in 1974 and given 16000/- at the time of marriage but no land given.
2nd daughter got married in 1977 and given 6 acres of ancestral land at the time of marriage.
3 daughter got married in 1984 and given 5.5 acres of aquired land at the time of marriage.
The Son got married in 1984, both the father and the son orally partitioned the remaining 23 acres of land equally in the presence of elderly relatives in 1984 itself. The son got 11.5 acres of ancesteral land and the father kept the remaining 11.5 acres.
All the above said properties got mutated in the name of concerned persons in 1995 as the govt started giving Title Deeds in that year.
After few years, the father sold 3 acres for his personal reasons, Transferred 2.5 acres of land to his sencond daughter's son in 2009.
And finally, for the remaining 6 acres of land, He raised a registered WILL in Second daughters name in 2009. in the will he clearly stated that he already settled whatever he had to give to his daughters and had a oral partition with his son in 1984.
The father died in 2011 and mother also died in 2014. the father and the mother stayed with the second daughter until they died for about 30years.
So can the 1st daughter now claim for 1/4th share by requesting the re-partioning of the lands as per the Hindu Succession act 2005 ?
and can the Oral partition be contested?
Thanks,
Chand
