• Sharing of property

My grandfather had ancestral property (land) and died in 1982. His five sons (my father and his four brothers) sold part of the land in the year 1985 to a third party thro sale deed. His daughter (my aunt) filed a case in 1989 claiming equal share in the sold and unsold property. The trail court decree confirmed this since old records to prove ancestral were not available at the time. Later those records were submitted in the appeal at district principal judge court, Coimbatore. The records were accepted in the appeal court and the decree on sharing property awarded in the year 2009 as below: 
Share of each (grand father (died) and his five sons): 1/6 (No share given to daughter (my aunt)
Share for my aunt (grand father's daughter): 1/6 th of grandfather share of 1/6 i.e. 1/36. 

My aunt (my grandfather's daughter) appeal now pending in Madras high court claiming: 

1. Late submission of ancestral property records in District court (first appeal) is not admissible but the court admitted in spite of objection. 
2. District court judgement is ex-party judgement since aunt's advocate not handled or attended the case properly. 

I have read Hindu succession (amendment) act 2005 also. 
Pl advise: 
1. If an advocate is not attending (district court) argument, will ex-party judgement be given to his client? 
2. How much share is my aunt eligible?

Pl clarify.
Asked 4 months ago in Property Law from Coimbatore, Tamil Nadu
Religion: Hindu
if advocate does not appear in court judge can pronounce exparte order 

2)your aunt had no share in ancestral property as  her  father died before 2005 
Ajay Sethi
Advocate, Mumbai
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disposal of appeal depends upon pendency of cases in appellate court .

it generally takes around 10 years for appeal to be disposed of 
Ajay Sethi
Advocate, Mumbai
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1. The ex parte proceedings will be commenced against the party whose advocate is not appearing in the court.
2. It is not clear on what basis you claim the property is ancestral but if it is ancestral then your aunt did not have more than 1/36th share. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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Nobody can tell when the HC will deliver its final judgment.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
I have read Hindu succession (amendment) act 2005 also. 
Pl advise: 
1. If an advocate is not attending (district court) argument, will ex-party judgement be given to his client? 

It becomes the duty of the client to follow up the case properly at least with the advocate.  If the client is lethargic or sitting idle at home after entrusting the case to the advocate, then such debacles are inevitable.





2. How much share is my aunt eligible?

If this is proved as ancestral property, then your aunt shall be entitled to a share from her father's 1/6th share , i.e., 1/6th of the 1/6th share only because at that time the daughters were not having rights in the ancestral property, the amendment came i the year 1989 (in Tamilnadu) entitling daughters with equal rights to that of sons do not have retrospective effect. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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How long will it take to get judgement from Madras high court (appeal filed in 2010) for this case

This depends on various factors.  Again this is to be followed up through avocate if the client is not attending the court.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
How much share a daughter receives from his father's ancestral property and self acquired if father has five sons and one daughter and died in 1982.

In this case since it has been decided that the property is ancestral in nature, the daughter shall be entitled to a share out of her father's 1/6th share only along with her brothers.
In her father's self acquired property, if the father died intestate then she will be entitled to an equal share to that of her brothers. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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