Ancestral property

Querist : Anonymous (Querist) 11 April 2021 This query is : Resolved
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.

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Sankaranarayanan (Expert) 11 April 2021
How you got the title of the property in your name ?

kavksatyanarayana (Expert) 11 April 2021
Yes. How did you get your name in records when the property is ancestral? Your grandfather died in the year 1942. But as of the date of commencement of HSAct, your aunt and your father are the legal heirs of your grandfather and property is there. So I opine, your aunt is a coparcener with your father and for her share, her children can claim it.

Querist : Anonymous (Querist) 11 April 2021
My father got property under a court decree in 1950 as a legal heir of my grandfather.
After my father death in 2003 . property s are mutated on my name.

Now what are the chances of my aunt son..

Advocate Bhartesh goyal (Expert) 11 April 2021
Your father got the ownership rights over questioned property in the year 1950 by court's dicision and became absolute owner of the property now no one can claim legally share and rights in property either he may be your aunts son or anyone.

kavksatyanarayana (Expert) 11 April 2021
I opine, as the court decreed your father as a legal heir of your grandfather but why did the court decree? How many siblings have you? If you are the only legal heir of your father then only you have right over the property. But after your father, all the legal heirs of your father have equal rights over the property.

ashok kumar singh (Expert) 12 April 2021
Even though your query have no clarity for better understanding, though earlier experts viewed on your query with their better suggestions so far, therefore inclined for no further comment.
thanks

Hemant Agarwal (Expert) 12 April 2021
AGREE with views of above Experts.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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