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Author Topic: Equal rights for women  (Read 947 times)

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Offline ramvprasath

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Equal rights for women
« on: November 17, 2014, 06:46:58 AM »
Hello legal experts! This is my first post in this forum.

My grandfather inherited a property from his mother. He expired intestate on 1984 leaving back his wife, 3 sons and a daughter. My father is the eldest of the 3 sons.

My father's immediate younger brother filed a preemption suit willing to buy the property on 2011, this was later dismissed by Trichy court stating that he does not have preemption rights on this property. (He is presently staying at the property whereas all the remaining heirs are staying elsewhere).

My father filed a partition suit in Trichy court on 2011 claiming equal shares for all 5 members of the family (grandma, 3 Sons and a daughter who is a widow). Judgement for this partition suit was passed on Aug 2014 with the following shares on the property.

6/20 - for my father
6/20 - for my father's immediate younger brother
6/20 - for my father's youngest brother
1/20 - for my grandma
1/20 - for my aunt

They have pointed out the date of my grandfather's expiry which is 27/1/1984. It was mentioned that the partition comes into effect on the same day my grandfather expired and hence the above share.

Here are my questions:
1) Are the female heirs (grandma and my aunt) not entitled for equal share from the property per THE HINDU SUCCESSION (AMENDMENT) ACT, 2005?
If yes, is it advisable to appeal again? Should we appeal in the same court?
2) The disputed property is a building. All of the heirs except 1 (my father's immediate younger bother) are willing to sell the property. Is it possible to leave his share apart and sell the remaining property after safely demolishing our part of the building?

This is causing lot of stress and unlikely issues within the family. Thanks in advance for your suggestions and help.

Offline advmisthi

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Re: Equal rights for women
« Reply #1 on: November 17, 2014, 06:36:27 PM »
The court order for division of property must have been based on your custom and usage, so before you challenge it find that out from your local advocate.

regarding breaking away your part of the share or selling your share.

this thing the entire family should amicably solve.

else if one of the share holder takes a restraining order from court non can sell the property.

not only that nobody buys dosputed property.

that mean if the value of your property is 1 lakh it willbe sold sold at 2 thousand.

so becareful running to court with property matters solve it amongst yourself
Adv.Misthi Mukherjee
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