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VIJAY KUMAR (Under Secretarym(Retired))     28 June 2023

Daughters married before enactment of hsa amendment act 2005.

Daughters' married in Dec., 1976 and July 1986 Will they have their right in Father's (Died in 1985) Ancestral Property. Demand started orally in 2011...Father had two sons, eldest 82 yrs. living away (non in occupation) from property since 1974..Younger son myself 71 yrs old in sole occupation of property since 3rd June 2000; Before that I was in joint occupation of property with Mother after father's death on 8.02.1985.



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 4 Replies

Advocate Bhartesh goyal (advocate)     29 June 2023

Daughters have right and share iin their parents self acquired and ancestral properties  it does not matter that they have been got married before 2005.

Dr. J C Vashista (Advocate )     29 June 2023

You and other siblings are entitled for 1/3rd (equal) share in the property left behind by deceased parents.

T. Kalaiselvan, Advocate (Advocate)     29 June 2023

The daughters are entitled to a share in their deceaed parent's property by virtue of Hindu succession act, 1956.

If it was your grandfather's propertyenjoyed by your father as a successor then it cannot be considre4ed as ancestral proeprty, therefore the daughters become automatically entitled to a lawfulo shre in it as a right.

Even otherwise they are entitled to a share in the ancestral property  out of their father's share at par with the sons as a righ

VIJAY KUMAR (Under Secretarym(Retired))     29 June 2023

But is their no time gap limit between the happening  of marriege before the enactment  of  HSA Amendment Act 2005? In this case marrieges happened in 1976 and in 1986 in second case whereas Amendment  of HSA Act 2005 was carried out after a gap of 46 yrs. ; in second case in 36 yrs.?


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