Query-hindu succession amendment act 2005
Nikunj
(Querist) 18 May 2016
This query is : Resolved
Sir, In my family there are 4 members i.e. father (A), mother (B), self (C) and my sister (D). My sister who is younger to me, got married in 1990. On 05.09.2005 i.e. before the applicability of the Hindu Succession Amendment Act 2005 which came into force on 09.09.2005), my father gifted entire immovable property (self acquired as well as ancestral property comprising house and agricultural land in Rajasthan) to me. Now, in 2013 my sister has challenged the gift deed in Sessions Court and claimed her 1/3rd share on the ground that the above property cannot be gifted to only my brother, as she claimed while suit filing, entire property as ancestral property. My father is alive as on date but he had transferred by way of gift, all the immovable properties to me before the commencement of Hindu Succession Amendment Act, 2005 which came into force on 09.09.2005. Please clarify the provisions of Hindu succession Amendment Act 2005 and recent Supreme Court clarification in 2015 (Section-6) and suggest me, how I can succeed in the matter. Regards, Nikunj
Kumar Doab
(Expert) 18 May 2016
Self Acquired Property of father: Father can dispose during his life time by a valid/registered deed e.ga; Gift Deed.
Your sister has included entire property in ancestral since your father is alive and the burden to prove the self acquired/earned property is transferred on your father.
If suitable strike an amicable family settlement deed and register it.
Rajendra K Goyal
(Expert) 18 May 2016
Your father can gift his self acquired property to any person during his life.
The property claimed as ancestral is to be confirmed whether it covers the definition of ancestral property or not.
Full case file need to be referred, discuss with your lawyer.
R.K Nanda
(Expert) 18 May 2016
nothing to add more.
R.K Nanda
(Expert) 18 May 2016
nothing to add more.
