Hindu succession law
Nikhil singh
(Querist) 13 February 2017
This query is : Resolved
I filed a suite in my aunt's father's land n others,which comes under Hindu succession act..As there was all India stay in using this law..this law was to amend ,which is not amended till now...can any one tell me please more how long it will take to amend the above law... it's over 3 years since I am waiting....
Kumar Doab
(Expert) 13 February 2017
The query may be redrafted so as to convey a clear message.
Your aunt in the query is which aunt; your father's sister or our mother's sister?
Which amendment you have referred to?
Post full facts of the matter.
Nikhil singh
(Querist) 13 February 2017
Here my aunt means my mother's sister,that means I'm talking about my grand pa property.my grand pa used to have 100 acres of land,which was sold later..my grand pa has 5 daughter's.when my grand pa sold that 100 acres his daughters were not major..so with the help of my advocate we filed a suite against all the members who purchased my grand pa land..my advocate said this type of ancestral property matter comes in HINDU SUCCESSION ACT...we filed a suit,the case ran for 2months,we were thinking if we get a stay,the land owner's will come for compromise..this happened in 2013..in 2013 this HINDU SUCCESSION ACT got all India stay..my advocate said this law will get amend by supreme court...till now the law is not amended..our case is completely depend on this law...DO any one know still how much time it will take to amend the above act...
Nikhil singh
(Querist) 13 February 2017
Is there any way with which I can do anything which will help to amend the HINDU SUCCESSION ACT by supreme court...
Nikhil singh
(Querist) 13 February 2017
I want to know still how much time it will take
Nikhil singh
(Querist) 13 February 2017
My grand pa daughters has filed a suite stating that ,we want our share in our father's land...
Nikhil singh
(Querist) 13 February 2017
My grand pa daughters has filed a suite stating that ,we want our share in our father's land...
Nikhil singh
(Querist) 13 February 2017
My grand pa daughters has filed a suite stating that ,we want our share in our father's land...
Rajendra K Goyal
(Expert) 14 February 2017
Who and when sold the land?
How the land was sold and who got the proceeds.
Who purchased the land originally and how it came in the hand of your grandpa.
At what stage the case is in the court?
Full case file and facts need to be referred, may take second opinion by showing full case file to local lawyer.
Kumar Doab
(Expert) 14 February 2017
First of all Confirm the property is; Self Acquired or Ancestral?
Your own lawyer must have obtained and examined all mutation record and confirmed if the property is Self Acquired
or
Ancestral (Pushtaini)
If it is self acquired then your maternal grandfather( Naanaji) was at liberty to sell it in his life time and NO one had any forced share in it.
Kumar Doab
(Expert) 14 February 2017
If it is ancestral then post date/month/year of death of your maternal grandfather( Naanaji).
Nikhil singh
(Querist) 14 February 2017
@ Kumar:: the property is ancestral,it means it came in my Nanas hand through his father...
Nikhil singh
(Querist) 14 February 2017
@kumar:: my Nana expired in June 10 2005..
Nikhil singh
(Querist) 14 February 2017
@kumar:: my Nana expired in June 10 2005..
Nikhil singh
(Querist) 14 February 2017
@rajendra:: the land is ancestral,tat means it came to my Nana's hand through his father..my lawyer is telling he is taking dates from court regularly..he said me that till the HINDU SUCCESSION ACT gets amended he can't do anything....
Nikhil singh
(Querist) 14 February 2017
@ rajender:: my Nana sold the land and around 25 years back he sold...there are names of around 20 members who purchased the land from my Nana...
Nikhil singh
(Querist) 14 February 2017
@kumar:: r u a lawyer,wer do u practice.
@rajendar:: r u a lawyer,wer do u practice..
Kumar Doab
(Expert) 15 February 2017
The property that devolves upon son from father may not necessarily be ancestral.
Although you may like to call it as, Parental.
If the property was self earned/acquired in the hands of father of your maternal Grandfather
( Naanaji) and it devolved upon your maternal Grandfather ( Naanaji) say by inheritance ( Viraasat) WILL, Gift,
then its nature shall be self acquired in the hands of your maternal Grandfather ( Naanaji).
If the property is indeed self acquired then your maternal grandfather( Naanaji) was at liberty to sell it in his life time and NO one had any forced share in it.
Kumar Doab
(Expert) 15 February 2017
Ancestral Property is one that is inherited upto 4 generations of male lineage……..
Any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.
This property should be four generation old.
It should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
So as already suggested obtain mutation record ( including mother document e.g; Shajraa-e-Aks) with all link documents and take second opinion from a very able counsel specializing in revenue/property/civil matters at your location and confirm the nature of property; Self Acquired or Ancestral.
Kumar Doab
(Expert) 15 February 2017
If one thinks that property is ancestral then one may also check, if the property had been alienated or partitioned before December 20, 2004.
If one thinks that property is ancestral, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.
Kumar Doab
(Expert) 15 February 2017
About amendment to law and stay by Supreme Court, getting the stay vacated etc etc.....................NO comments.
You and your own counsel would know what is transpiring between both of you.
I can only suggest to obtain second opinion from a very able counsel specializing in revenue/property/civil matters at your location and understand merits and options.
Kumar Doab
(Expert) 15 February 2017
Thanks for agreeing with me Ms.Usha Kapoor.
Nikhil singh
(Querist) 15 February 2017
@kumar:: thank u sir
Nikhil singh
(Querist) 15 February 2017
@kumar:: if u are from Hyderabad,can u give me contact no n address of a lawyer who is specialist in this type of case...
Kumar Doab
(Expert) 16 February 2017
@ Nikhil,
You should rather search and find a lawyer on your own.
Your elders in the family, near and dear ones, well wishers, colleagues, family counsel, union leaders,DBA officials can guide you to a very able counsel.
You can also inquire at local courts complex etc...
Kumar Doab
(Expert) 17 February 2017
Beware of posers, pretenders, blackmailers, thugs, touts ( Dalaal/Dalla) and even from countries that are declared Risk e.g; Paakistaan and men and women that are perceived outlaws e.g; Pakistani's , loitering and stalking at online portals.
Most of them are not even Lawyer but are Liar.
The firms that they advertise are not Law Firms but are Lootera Firms.
It may attract many posers loitering at many forums to fleece the unsuspecting querist/authors.......
Kumar Doab
(Expert) 17 February 2017
So you should be ...BEWARE of abusers.
Saliva may run out of mouth.
( Mooh se paani nikkal ayega)
Take help of your near and dear ones, elders of the family, family lawyer before you choose.
You may go thru all threads posted under profile all experts..under Forum/Experts sections and make your own judgment.
The sensible authors/querist are quick to realize and agree e.g at:
http://www.lawyersclubindia.com/experts/Search-of-a-missing-company-626301.asp
