Two amendments to hsa 1956- some questions.

Dear  Friends, there have been 41 views of this thread . Thank you all.

This thread is meant  to help a very age rural family of limited means.

After more search and reading of web based materials and text like Mulla and Partition,  still a precise answer is elusive. There are more than one perspectives.

For instance- can the kartha  C of the joint family of minor coparcener son T and minor coparcener daughter R (they were 10 years old then ) cancel the duly effected partition done on 05-07-2002  seven years later on 13-01-2009 (when the minor coparceners were still just  17years completed and 18 years running  and not complete )? .  

The cancellation was effected, as are read in the cancellation document registered),  with recitals to the effect that from the date of  partition effected  on 05-07-2002 it did not come into forceand and the properties were continued to be enjoyed jointly. Since there are inequalities in the properties mentioned in the partition document ( dated 05-07-2002), and to avert squabbles, we cancel the said partiion by this document (dated 13-01-2009).

And on 01-04-2009, when minor coparceners were still minor with only 17 years completed and was completing  18^th year)  the wily elder borther K takes advantage fo drunkard younger brother C and aged illiterate mother M and effects fresh partition with recitals:  

Since tha partition of of 1987, the under mentioned properties allotted to us under ‘B’ schedule as HUF withpotu partition ever. We can not continue to be jointly enjoying any longer and since we desire that  we individually get partitioned, and develop which we unanimously agree, the under mentioned  properties  have been divided  into three parts of  A, B and C.

The facts that there was partition in 2002 and the same was cancelled in Jan 2009 have not been referred to.

There has been shuffle of properties under fresh partition in April 2009. The elder bother K takes properties worth 26.500/- mother is given  rs.500 worth of properties and younger brother C is given properties worth 14.500/ 0nly by value.

Distribution is to the prejudice of two minors coparcener children of C.

Is the cancellation on 13-01-2009 and subsequent partition on 01-04-2009 binding on the minor Coparceners.

C died on 25-03-2011 intestate . His  children  daughter were 19 years old and running 20^th year. Now they  are 21 years completed.

How do they succeed – under 2002 partition  or 2009 partition ?

Can e S, the wife of  deceased C and daughter R and son T claim properties under 2002 partition ignoring  the 2009 cancellation and partition?

Elucidate, please. Thank you

. P.Padmanaabhan at 07:42 PM /19:42 hrs ist on 18th Aug 2013 

Sorry, for the concvenience of esay readign may I repost the same message below by little bolder fonts, plesae. 

Dear  Friends, there have been 41 views of this thread . Thank you all.

This thread is meant  to help a very age rural family of limited means.

After more search and reading of web based materials and text like Mulla and Partition,  still a precise answer is elusive. There are more than one perspectives.

For instance- can the kartha  C of the joint family of minor coparcener son T and minor coparcener daughter R (they were 10 years old then ) cancel the duly effected partition done on 05-07-2002  seven years later on 13-01-2009 (when the minor coparceners were still just  17years completed and 18 years running  and not complete )? .  

The cancellation was effected, as are read in the cancellation document registered),  with recitals to the effect that from the date of  partition effected  on 05-07-2002 it did not come into forceand and the properties were continued to be enjoyed jointly. Since there are inequalities in the properties mentioned in the partition document ( dated 05-07-2002), and to avert squabbles, we cancel the said partiion by this document (dated 13-01-2009).

And on 01-04-2009, when minor coparceners were still minor with only 17 years completed and was completing  18^th year)  the wily elder borther K takes advantage fo drunkard younger brother C and aged illiterate mother M and effects fresh partition with recitals:  

Since tha partition of of 1987, the under mentioned properties allotted to us under ‘B’ schedule as HUF withpotu partition ever. We can not continue to be jointly enjoying any longer and since we desire that  we individually get partitioned, and develop which we unanimously agree, the under mentioned  properties  have been divided  into three parts of  A, B and C.

The facts that there was partition in 2002 and the same was cancelled in Jan 2009 have not been referred to.

There has been shuffle of properties under fresh partition in April 2009. The elder bother K takes properties worth 26.500/- mother is given  rs.500 worth of properties and younger brother C is given properties worth 14.500/ 0nly by value.

Distribution is to the prejudice of two minors coparcener children of C.

Is the cancellation on 13-01-2009 and subsequent partition on 01-04-2009 binding on the minor Coparceners.

C died on 25-03-2011 intestate . His  children  daughter were 19 years old and running 20^th year. Now they  are 21 years completed.

How do they succeed – under 2002 partition  or 2009 partition ?

Can  S, the wife of  deceased C and daughter R and son T claim properties under 2002 partition ignoring  the 2009 cancellation and partition?

Elucidate, please. Thank you .