hindu succession act 1956
vksondhi
(Querist) 16 June 2008
This query is : Resolved
Is the H S Act1956 applicable with retrospect effect ?I became karta of HUF property in 1980 with my brother.On request for mutation of the said property in 2008, the revenue dept. insisted and e mutated the said property in the names of both the sons and daughters of my father as per H.S.Act 1956. Consequently, the dauthers have refused to give NOC/POA in my favour.What course of action is required to get legal relief? Any case law/jedgements in this case?
vksondhi
(Querist) 16 June 2008
Rs 1000/.
Jithendra.H.J
(Expert) 17 June 2008
why you need NOC/POA? you can demand the POA, your sisters have equal right over the ancestral property. as your saying it is HUF, the property must be joint famaly property. get partition of the property, generally the female coparceners take some money instead of the sahre in the joint family property, ask them whether theywant money?
vksondhi
(Querist) 18 June 2008
THANKS FOR YOUR REPLY REPLY: The ancestoral property was included in the HUF in 1973 when my father expired.Only the sons became the co-parceners of the said property.Such properties were mutated in the name of the sons only til 1955.Since mutation is being done today the revenue auhorities have mutated the property in the names of both the sons and the daughters. This seems to be unustified /illegal? as the ownership of the property had passed on only to the sons automatically in 1973 as per the H S ACT.How can my share of property be given to my sisters since i have failed to get the property mutated before 2055.Hence my Question:IS THE AMMENDMENT TO THE HINDU SUCESSION ACT 2005 APPLICABLE WITH RETROSPECT EFFECT SAY FROM 1973?
V K SONDHI
