Related to Hindu succession act 2005
I have seen many articles online but not very clear with respect to below case. I am the victim of this law and need to understand what can happen in below case. I am seeking this information as a help and I would be really grateful to you and your feedback can relieve me from the tension and trauma I am going through.
Person named Muraharchari died on 03-01-1998 (sixteen years back) leaving his two wives and their children’s behind along with two immovable properties (A) and (B).
Yashodamma (first wife 66 year) -> Susheelamma (D/50 Married before July 30, 1994), Maligamma (D/47, Married before July 30, 1994), NeelaKanthachari (S/41), Leetavati (D/38 Married before July 30, 1994) and Gayarti (D/35 unmarried till date)
Ratnamma (Second wife 55 year) -> Manjunatha Archari (S/38), M.Susipamma (35).
Note: The age of the family members mentioned above is as of today.
Subsequent to the death of Late Sri. Muraharchari on 03-01-1998, the both wives Smt. Ratnamma and Yashodamma along with their legal heirs entered into oral agreement of sharing of properties. Smt. Ratnamma and her children were already in possession of property (A) and it was agreed that it shall continue to be in the possession and enjoyment of Smt. Ratnamma and her children. Yashodamma and her children were in possession of other immovable properties (B) of Late Sri. Muraharchari and it was agreed that the same would continue to be in the possession with her children.
subsequently Yashodamma and Ratnamma entered into an agreement on stamp paper of value of Rs. 100/- dated 07-03-2000 signed by all legal heirs except the daughters of Yashodamma, stating therein that property (A) is in possession of Smt. Ratnamma and that she along with her children’s are entitled to continue in the possession and enjoyment of this property similarly property (B) is in possession and enjoyment of Smt. Yashodamma and that she along with her children’s are entitled to continue in the possession and enjoyment.
Thereafter in order to establish clear title the Smt. Yashodamma and Smt. Ratnamma approached the CMC office Bangalore for transfer of Khata with application along with above agreement.
Thereafter vide order of CMC numbered 815/2000-01 the transfer of Khata was granted in favour of Ratnamma for the property (A) and the transfer of Khata was granted in favor of Yashodamma for the property (B).
This is how the property was shared between two families in year 2001.
Subsequently, in year 2001 Ratnamma gave her Property (A) on lease to one named Muddaiaha who stayed with his family till year 2008 in property (A).
On June 2006 property (A) has been sold to me by Ratnamma and her legal heirs without cancelling the lease and without disclosing the information about the other wife and her family (above information about the separation has been retrieve through RTI from CMC later when this property was sold) under registered with vide sale deed dated 03-06-2006 and numbered 7476/2006-07. Lease has been cancelled by me after paying the lease amount to the leaser in 2008.
The entire family of both including daughters and sons were well aware about all events as and when they occurred. Death of father in 1998 when succession has been started, partitioned done by the family in 2001 and the Property (A) leased to Muddaiaha by Ratnamma and her legal heirs in 2001 and the Property (A) sold to me in 2006.
Now at present there is no problem from Ratnamma and her family but the daughters of Yashodamma is creating problem. All the daughters were married except Gyatri before 1994 karnataka act which excludes the married daughter. Also the succession has been opened in 1998. Family has separated out but the separation is not as per the amendment 2005 which says “partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.
Gaytri who is unmarried though did not sign the NOC in separation in year 2001 but she has been given her share in the property B later.
Please let me know how valid their claim of each one would be in the property (A) which was sold to me in 2006. The case has not been filed yet but I have received the notice from daughters of Yashodamma.
I would be really thankful to you if you can provide your feedback
Thanks and Regards,