Partition suit filed by girl before 9 Sept 2005 for equal share
This is Lakshmikantha H U requesting legal opinion about the case filed by my Smt.Bhanumathi, filed for share in ancestral & self occupied property by my father in July 2005 at JMFC court. I am having two brothers & three sisters. At the time case was filed in 2005 I was unmarried and aged about 37 years. I am the last daughter to my father. My father was died in 1996. At that time all brothers & sisters got married except me. but my earliest elder sister was thrown out of her husband & tortured like any thing, so she came back stayed at my fathers house. My brothers were not taken care of her & they were not tried to make marry for me. Ours is well settled family with good income from provision store & nearly had 20 acres of fertile land in Kauvery Basin.
After my fathers death my brothers made the partition (oral partition not registered) of the property and mutated & obtained kathas in their names, the entire property in their names without consulting or getting signature from any sisters. They even dont ask any of the sisters. They never thought of my future. they made partition of the house & sent me to my eldest sister house with paying any remuneration.They started selling of the properties for their won use. From 1999 to 2005 they sold eight acres of fertile land without taking the signatures of any sisters. At that time in 2005 July I filed a case for share in properties at JMFC court. Requested court to make party who are purchased the properties without the signatures of the sisters. Still it is going on.
Now my request is
1) is there any impact on our case which was filed before the ammendment" ie 9th september 2009.
2) Am I eligible to get equal share
3) Pray for Inclusion of purchasers as a party is hold good or not
4) One of my brother is ready to give the share but the eldest brother is not willing to give the share from the property which is under his custody.
4) I am suffering from 10 years. Please advice how to go about for early settlement of this case