Judgement of Supreme Court in Civil case no. 7217/2013?
Hi, This is S Priya from Mysore. We are fighting an ancestral property case in Mysore. On 16th October, i came to know that with reference to Civil Case no. 7217/2013. Honorable Supreme court has given a judgment stating that in order to get equal share from ancestral property the daughter and father should be alive on 9th September 2005( date of amendment act ). My mother is aged, im fighting on behalf of her. In India girls ratio is already getting decreased. How can this judgement be helpful for the women whose property rights are not decided yet. Are there any women associations who can help in fighting this case, as the purpose of the legislation gets defeated because it says that the act is prospective. Is this true or not. Please help me.
Asked 2 years ago in Property Law from Mysore, Karnatka
1) you must have engaged lawyer to fight your case in Mysore
2) judgement depends upon facts of each case
3) you have not stated detailed facts of your case . On what basis you say property is ancestral
4) you can do google search of women associations in your city . You can contact them for help in fighting your case
The amendment is a welcome move of course it is prospective and not retrospective.
You have not given the details of your case but are seeking opinion. Without knowing what your case is and what relief you are entitled to, it will not be possible to render any opinion to your blunt question. In general if you want to update your academic knowledge, go through the cited judgement personally and properly and find out yourself how far the said judgement suits your case or quenches your thirst for such knowledge or revert with the actual problem for which you will get proper opinions and suggestions to proceed in a right direction.
Hi, The facts and circumstances of each case is different............ so i don't think such a judgement has been passed by the Hon'ble Supreme Court.
1. What you have read is the basic law. It is known to judges and lawyers.
2. Judgments do not help in the court. They are good only for an academic discussion. You have to build your case on merits in view of the evidence which comes in the court.
3. Women associations have no right to intervene as a party in a private dispute of this nature.
Visit the following for getting the exact details of your case
i can't trace out your judgement or case status.
with out sharing the details of case how can provide a good and prompt answer. All the cases are different, on what extent supreme court deliver such a decree mentioned as per your query .
Thank you sir for all your replies. My case details are as follows :
1. The case which we are fighting is of 4 generations old
2.My mothers family members r 8 out of 6 r female heirs & 2 r male heirs. Out of 6 female heirs 4 of them r born before 1956,2 of them r born after 1956. According to N Kumar judgement 2 of them who r born after 1956 got equal share while 4 of them got notional partition. Then we proceeded towards final decree proceedings & there it has not been decided by mets & bounds. What will this be having impact on my case. In civil case no7217/2013 (prakash vs phulawati) 1) What is the impact on my case ? And one more thing i wanted to know whether the civil case 7217/2013 would be reffered to constitution bench in view of the differences of the division bench judgement which had come earlier ?
Asked 2 years ago
1) hindu married daughters have equal share in ancestral property if ancestral property is not sold or dispossessed through court decree or will before 20-12-2014
2) even if family partition has taken place without registered deed she can claim her share
3) hindu succession act 1956 nor amendment act 2005 mention any restrictions on date of birth
4) if on basis of N Kumar judgement females heirs are not given equal share you ought to file appeal right upto the SC
1) And one more thing i wanted to know whether the civil case 7217/2013 would be reffered to constitution bench in view of the differences of the division bench judgement which had come earlier ?
This shall be decided by the affected party only.
What is the impact on my case ?
You have to refer to the relevance of the judgment to your case, if there is any relevance, you may quote this as citation of settled law in your favor in an appeal. However since you people have already accepted the decree and judgement passed in the pre-decree stage, an the case has come for trial to final decree stage, why have not preferred appeal against the pre-decree which you consider is not favoring you?, when was the pre-decree judgment passed?, At this stage you may have to prefer appeal with condone delay petition too.
If the final decree is not favoring you, you can prefer an appeal against the final decree judgment too.
For the perusal of the Civil Case no. 7217/2013, I can't to trace out the exact judgment .So with out go through the gist of the case and judgment how can we say it is applicable in your case .The daughter of a coparcener becomes a coparcener BY BIRTH in her own rights and liabilities in the same manner as the son. She will have rights over the ancestral property in the same manner as the son,(subject to the following conditions)
if the property had not been partitioned through a registered partition deed or dispossessed due to alienation or by a decree of court or dispossessed through a testament before 20-12-2004.