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women's right to property


Sir i am an Advocate, i have filed suit for partition of female's share over the ancestral property in the year 2007. my client got married in the year 1999 and her father and brother entered in to a registered partition deed in the year 2000 and they partitioned between them to deprive my client's rights over ancestral property but my client is not a party to the partition.

my client has right as per the Karnataka amended act but the defendants taken contention that karnataka amendment act has been went out in view of 2005 central act. as per central act there should not be a partition before 2004.

sir i verified some judgments of karnataka i am unable to under stand that my client has right in view of Karnataka amended act but in view of 2005 my client looses her right. kindly guide me. thanking you sir.

ADVISE:- Karnataka Amendment Act, 1990, which disentitles a daughter married prior to coming into force of Karnataka Amendment Act, 1990 from being entitled to be a coparcener as per Section 6−A(d), The State Amendment Act of 1990, which was brought into force from 30.7.1994. This part became null and void ab-initio after coming into force of central act.

The Central Act of 2005 also mentions in proviso to Section 6(1) that nothing contained in the sub−section 6(1) shall affect or invalidate any disposition or alienation or including any partition or testamentary or disposition of property which have taken place before 20 day of December 2004.

SEE : ILR 2007 KAR 4790, OR 2008 (2) KarLJ 406 , Bench: JUSTICE V Jagannathan, Sugalabai vs Gundappa A. Maradi And Ors.

FURTHER NOTE TO READERS:- A HIGH COURT JUDGEMENT OF JUSTICE N.KUMAR AND JUSTICE A.N.VENUGOPALGOWDA SHALL BE REFERRED. IT CAN BE DOWNLOADED FROM http://www.lawyersclubindia.com/share_files/KARNATAKA-HIGH-COURT-JUDGEMENT-OVER-WOMENS-RIGHT-TO-PROPERTY-4892.asp




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