Legal Question in Real Estate Law in India

Will or partion deed

Sir's,

A Partition deed executed by 'A'' (MY GRAND FATHER-mothers side) in 1971

in favour of his son's Three of them for several properties which 'A'

has 1) bought himself, 2) bought along with his brother (Here the properties he got out of a partition with his brother-jointly acquired by �A� and his brother) and 3) ancestral

property (again got along of the same partition with his brother) he

has not given any share to his only daughter, but has provided jewels and asked his wife(my grand mother to perform her marriage,which was performed my

my uncles after my grand mothers death-1974).

Now can the daughter my mother married in 1986 claim any rights in the said properties.

My uncles ( Three brothers) claim that since my mother is married in 1986 (AGE 21) and there was a partition in family as she being as a married daughter do not have any

share (JOINT FAMILY) according to Karnataka succession amendment and also the centralamendment 2005. They also say that since we are in mitaishkra system my mother do not have any right now and it cannot claimed because of Limitation.

They have the KATHA and other documents in their respective names as per the partition deed 1974.

Can we claim now


Asked on 5/08/08, 7:51 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Will or partion deed

Too many facts. Appropriate to consult your lawyer with all the papers.

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Answered on 5/09/08, 2:10 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Will or partion deed

Please consult personally alongwith the details.

Your papers needs an extensive study.

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Answered on 5/09/08, 4:40 am

Re: Will or partion deed

It is a compex question which require extensive study.However,as per Hindu succession Act and Indian succession Act,daughter or married daughter is also entitled to have share in property.In case of need contact with details,professional charges are applicable.

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Answered on 5/13/08, 5:41 am


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