ancestral and self acquired property|property rights of child in the womb

[@HollywoodMovieTadka]

I am under the ST category. My father is dead. All the plot/land was recorded in my grandfather's name. Now my grandfather sell our ancestral property 6 acres out of 9 acres without our consent and the buyer (General category) is also permitted by the sub-collector to illegally. Sir, can I get my share or claim of that property from my grandfather under civil rights law?

[@rahulsadv]

You must file civil suit and seek stay till the finality of the suit

[@pavip3099]

Hi! AAP BOLYE POTA, BACHYA IN WOMB. Not bachyee, potyee? What if female in womb? What about fem in womb in partitions before year 2004-05? If right if child in womb exists, what about rights of a female child already born during or before the partition that too before year 2004-05?

[@rahulsadv]

The word is child which includes both male and female. If a child (both male or female)in womb before partition then she/ he will inherit their share on birth. As per SC judgment of 2020 daughter will have same / equal right irrespective of her birth before or after 2004-05.

[@pavip3099]

If there is partition between father and his two sons, in year 1989, when one son is of 2&1/2 years age and younger son is of 1&1/2 years age during which daughter is of 4years age, not considerd in partition. In partition both properties ancestral, self acquired were taken, shared. Daughter born before partition, already born before partition and present during partition, what are her rights in property? This Question you did'nt realise in my last querry. If female in womb has right in partition in year 1989, then naturally female already brn, present outside womb should also get share in property, is'nt it? Vakil saheb, do not forget to clear all my querries regarding this topic.

[@rahulsadv]

If partition (before amendment)done through registered deed or through court decree then it cannot be challenged, otherwise the partition can be challenged. The female can claim the share.

[@pavip3099]

1st Question... Why the regd. partitions or decree taken place before the ammendment cannot be challenged?.....Is it because it will be burden to court? If so, are they going to work overtime? No know? Then why such females should repent? Why such females should be kept devoid of their rights? It was too late to ammend so, then it is not her fat of taking birth before or it was not her fault for the late ammendments. 2nd sepatate Question.... Decree under coercion and fraud can be challenged.

[@rahulsadv]

@@pavip3099 it cannot be challenged because it is mentioned in the amendment of 2006 (section 6)

[@pavip3099]

@@rahulsadv Then I can say, Section 6 of ammendment keep such females devoid of any right in ancestral ss well as in self eatned properties of her father.. ' Vancheet rakkha hai ees Kayadye nye.... discrimination.. done. Then why' betiyonka paitrik property mye barabarika hissa? This Section 6 cancels such paitrik rights of daughters, then such dual laws are daid to be not firm, not certain, with reciprocal cancellation doing injustice to daughters for which I say blunders. One good law was made during Man Mohan Singh govt. in year 2005 giving coparcenary rights to daughters. But in it, one blunder was made by law makers, saying.. ' for those whose father is alive.' Then what about those daughters who have lost their fathers? To correct this, it took year 2020 to arrive from year 2005..to yearv2020, almost 15 years to correct such a blunder mixed in good law.