Sister claiming property after Partition suit Sister claiming property after Partition suit

2 years ago

My sister has filed partition suit on grand father property which grandfather given return in the name of his daughter, son and himself at the time of vasting jamindari. Board of revenue certified that transfer Bua has gifted registered gift of property which was allotted in her name in 1990 before her death. Grand father made family partition and transfer the property into grand sons.im1978 before death. My father also partition his property by registered partition in2019. Now my sister climed on entire property.

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Your Sister is entitled to challenge that registered partition Deed of 2019 for claiming her share. After the Hindu Succession (Amendment) Act, 2005,as per the proviso of Section 6(1)of the Hindu Succession Act read with the verdict of the Hon'ble Supreme Court of India, any Partition affected on or after 20th December, 2004, can be challenged by a female coparcener.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Dear Sir/ Madam,
Since the latest amendments in women's property right there has been a massive change in the distribution of property to women. You should consult a legal representative for deciding an effective course of action.
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Anik

Responded 2 years ago

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A.Dear Sir/ Madam,
It is difficult to ascertain the situation from this question. You should approach the legal representative without any delay and consult your matter with him.
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Abhimanyu Shandilya

Responded 2 years ago

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A.You need to take all the papers and case records and partition details to a local lawyer and discuss this at length. After 2005 amendment the daughters have got the right to exercise their claim in the ancestral property but the facts have to be well established in the court of law.
If she has already filed a partition suit then you will have to participate in the case and fight it out with your facts and evidences.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
If it is not ancestral property then it is very hard for your sister to get any share even if she files partition suit. Possession is 9 points in law and you just continue the possession or if there is no injunction then sell it away and make it more complicated.

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