My grandfather had prepared memorandum of partition deed for the partition of properties among his sons on 1985. My grandfather had 3 sons and 3 daughters. At that point of time, in the memorandum of partition deed, he had not declared any stake for his 3 daughters. My grandfather died in 1985. The properties are not yet partitioned and currently, its still showing in the name of grandfather. There is a new rule which came in 2005 for Hindu Succession Act which specifies that all daughters and sons will get equal shares of properties. I want to ask as the partition didn't happen yet as per memorandum of partition deed, so whether partition can still happen on the basis of the memorandum document or whether it will happen on the basis of new act which came in 2005 ?
A.YES, as the partition didn't happen yet as per memorandum of partition deed in 1985, so whether partition can still happen on the basis of the memorandum document or whether it will happen on the basis of new act which came in 2005. So you are entitled for your share .
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ADV. ANISH PALKAR (High Court)
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
Dear Client,
The property of a married female Hindu dying intestate shall devolve according to the rules set out in Section 16 of the Hindu Succession Act, 1956 which include her husband, children, a...
Dear Client,
When your maternal grandfather passed away leaving the property intestate, i.e, without a Will, then on his demise, all the surviving legal heirs are entitled to an equal share in the sai...
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