My query?
AMITS
(Querist) 12 November 2015
This query is : Resolved
we were 4 brothers and 5 sisters ,one of our sister (dead) has filed a case for partition of property in 1994 claiming her 1/9 share in agricultural land in revenue court. later claim other properties including parental house in civil court in a separate suit. since agricultural land was acquired by the Govt. in 1994 she had claimed her share in compensation of the land acquired by government. now she died in 2010. the case is still pending, all i wanted to know is after the ammendment in hindu sucession act 2005, she was entitled for equal share in parental property,but after the recent clarification by the supreme court of india disposing off a no. of petitions sc saind the effect of the hindu succession act is prospective , in nature and for sister to claim their share it is required that their father should have also been alive when the act of hindu sucession act 2005 came into force. does that mean that all those sisters across the country who have filed suits for claiming their share after 2005 will not get any thing and their cases will be disposed off if their parent father /mother were not alive when amendment act came into force in 2005 .
J K Agrawal
(Expert) 12 November 2015
Dear Sir
Did you gone through the judgment of the Supreme Court? No.
So please do not make any opinion about the thing you gone through news papers only.
The daughters are having right since 1955 and do not be much confused.
The SC judgment is on some other point which is not easy to understand even for lawyers. it simply says that the daughter shall not divest the right if already accrued to other coparceners but in practice there is no such example as the daughters having rights since long back.
Anupam Lahiri
(Expert) 13 November 2015
First read the Supreme Court Judgment thoroughly.
Rajendra K Goyal
(Expert) 14 November 2015
Consult your lawyer and discuss whether the decision from Supreme Court referred by you is applicable in your case.
