Hindu succession act 2005 cut off on Women's right
Querist :
Anonymous
(Querist) 01 March 2018
This query is : Resolved
We are 3 Brothers and 2 Sisters. 1.80 acres of Ancestral property of My father shared by 3 Brothers in 1994.we did Partition orally. we paid Land tax on 3 Brothers Name from 1994.we have Land tax receipts as proof only.we dont have registered Partition deed ,because we partitioned orally.we have not mutated our 3 names in revenue Record.our father died in 1987. Without our knowledge , our Elder Sister silently mutated 1.80 acres Land into our mother Name in 2017. After Mutation into our mother Name, My mother executed a Gift deed of 0.54 acre in favour of our elder sister. Today we came to know about this cheating. Immediately we asked our elder sister to cancel the Gift deed. But she refusing our proposal. More over she is saying "she has a Share in 1.80 acre. She will not cancel Gift deed." We consulted few People for justice in our village. They said legal Points as Per Hindu succession act 2005, 1.women could not ask for a share if the property had been alienated or partitioned before December 20, 2004. 2.Daughters cannot inherit ancestral property if father died before 2005. With this points can we Go to Court and cancel Gift deed?
kavksatyanarayana
(Expert) 01 March 2018
As per Hindu succession Act, your sisters have rights over the property of your father as he did not execute any Will during his time.
