Ancestral property

Querist : Anonymous (Querist) 10 April 2021 This query is : Resolved
If father died before 1956..still daughter s get share or not
with respect to 1956 Hindu succession act

Hindu succession act 1956 is retrospective or only section 6 is retrospective.

Which law applies before 1956 .

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kavksatyanarayana (Expert) 10 April 2021
If father died before 1956? Any Act comes in existence from the date of its publication. so if the father dies before 1956 does not arise. What is your problem? If you have a query, then state full facts, otherwise a proper reply cannot be given.

Querist : Anonymous (Querist) 11 April 2021
According to supreme Court judgement
In Vineeta Sharma vs Rakesh Sharma on 11 August, 2020 . Father need not be alive till 2005 for a daughter to get share equal to son.

Section 6 of Hindu succession act 1956.which was amended in 2005 is retrospective.

My grandfather died in 1942.i have ancestral property on my name.i don't have any sisters or brother s. My father has a sister.

Now my father's sister son asking share for her mother using hsa 1956. My father died in 2003. Grandfather died in 1942.

So Hindu succession act applicable even if father died in 1942. Please explain. Because hsa was enacted in 1956 right.

Querist : Anonymous (Querist) 11 April 2021
Hsa 1956 retrospective means will it applicable before the date when it was enacted

Asgher Mahdi (Expert) 11 April 2021
Yes, daughter share is retrospective effects as per many SC judgments.

J K Agrawal (Expert) 11 April 2021
Hindu Succession Act having retrospective effect from day one since 1956. It repeals all rights which were existing before 1956 but not used. See Section 4.

2005 amendment and the judgment cited by you having no concern with your problem.

If the property held by your grandfather was his self acquired property, your father and his sister having equal right in property but if the property was ancestral of your grandfather and it was a coparcenary property then your father will take 3/4th part and his sister will take 1/4.

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