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Hindu succession amendment act, 2005

Page no : 2

Suny (systems engineer)     01 June 2012

i just need clarifications that if the propertu hasn't been partitioned before 2004. then married daughters can ask for equal share in their father's property ?

Advocate Bhartesh goyal (advocate)     08 June 2012

Supreme Court  has decided the point in civil appeal  no 2535 of 2009 {Arising out of SlP {Civil} no 9221 of 2007} decided on 15 4 2009 titled as G Sekar vs Geetha & others, "After delition of sec 23 in the year 2005 femail heir has a right  to seek partition of dwelling  house  by metes and bounds and maintain a suit for partition of dwelling house.Contention that  Amended Act 2005 cannot be held to have retospective effect and thus right and obligations of the parties should be determind as were obtaining on the date of institution of suit not tenable."

"Hindu female has absolute right  to seek partition wholly occupied by joint family. Female heir has aright in property of her father who has died intestate is equal to her brother."

ajaychandra (analyst)     05 November 2012

 

Hi

I am  srinivas from Hyderabad we are 4 siblings me and 3 sisters my father has 37 acres of land and a house in which 30000 money given to first sister, 6 acres given to second sister ,5 acres given to third sister  and 12 acres given to me  as gift 25 years ago after all our marriages performed. we portioned our properties orally  in the presence of relatives and elders there after enjoying our shares respectively . in 2003 me and my father written a agreement document for share of my  12 acres  under the name and style of “Kutumba Sthirasthi Pampini Japitha”  on 10 rupees non judicial stamp paper  which was not registered in registration office. My father expired a year ago Now my elder sister asking her share according to Hindu succession amendment-act-2005. Recently I came to know that any property stamp document (except will) which is not registered  can not be considered in court  and my father property will be shared evenly 5parts . now my concern is do I loose my portion 3 acres if property is evenly distributed . does she have any chance to do so. More over if I file a civil suit does my partition document valid. I approached an advocate saying that any document should be registered otherwise it must be disqualified.  mine  is a just 10 rupees stamp paper  do my sisters get extra share now please provide your opinion

Purushottam Dayama (member CHS)     23 August 2013

I would like to know status of our property of Hindu family.

My father died on 24th May 1984 at the age of 83 years leaving behind 6sons and 4daughters which

were all married before 1979. My youngest sister was born in 1954 and elder sisters born in 1948,

1945 & 1940 respectively. So all sisters were born before the original Act came into force in 1955.

Therefore the sister were not eligible inheritors as on 24th May 1984. Now my mother died on 4th Sept

2012.  Before that my eldest sister became widow in 1986 and she is staying with her 3 sons in her matrimonial home.  So now who inherits and how much of the property?


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