Daughters rights in ancestral property
Ravi khanna
(Querist) 24 December 2015
This query is : Resolved
May I have an expert clarification on a matter which is slightly complicated. Hon. High Court awarded mesne profits in case of an ANCESTRAL property where vakalatnamas were signed by different share holders as individuals. My father also signed as an individual but he died in the year 2000 (court was not informed) and the judgement came in the year 2005. Mesne profits were divided by Hon.Lower Court as per succession. So the son received 60% and wife & 3 daughters received 40% ( 10% each) Now in the light of Hon.Supreme Court judgement are daughters and wife supposed to return the share to the son ? Can son file a suit to get that share ? Kind attn. Mr.K.S.Srinivas
kavksatyanarayana
(Expert) 24 December 2015
the court already pronounced the Judgment and the recent judgments will apply only from the date of that judgment. in your case, the question raised does not arise.
K.S.Srinivas
(Expert) 30 December 2015
Since the High Court awarded mesne profits and in as much as under the amended provision, especially the provisos to section 6(1) and 6(5) of the Hindu Succession (Amendment) Act 2005, any partition effected before 20th December, 2004 has been saved, in my view the daughters and wife are not supposed to return the share to the son.
T. Kalaiselvan, Advocate
(Expert) 03 January 2016
dont get confused by misreading the law, if at all you ask a query just confine to your query alone, dont ask query with suggestive answers, if you are not satisfied with the experts' opinions you may consult a different expert lawyer in the local by taking an appointment.
