Hindu succession act 1956
subhash chandra
(Querist) 16 November 2016
This query is : Resolved
sir, we are five brother &one sister and my mother. my sister had married in 1980.
my father had died on 20.07.1997. After death of my father our agriculture land"s partition has been taken through court order in 11.08.2003. by name of five brothers and mothers names. In 2010 mother have sold her share to one son then our sister have filed a suite that she is a coparcerner in her fathers land and this sell deed is illegal and cancel it.
my question is
1. Is she has right under hindu succession Act 1956.?
2. Is she has right under hindu succession Act 2005.?
3. Is this suit is maintainable?
Surrender K Singal
(Expert) 16 November 2016
2005 Act recognises daughter's share and therefore too, her suit may be maintained.
Ms.Usha Kapoor
(Expert) 17 November 2016
After 2005 Amendment Act to HSA daughters are coparcenars on par with sons so she can file a suit for partition and allotment of her share.
Kumar Doab
(Expert) 17 November 2016
Succession opens on date of death: { my father had died on 20.07.1997.}
Land has been partitioned by court: {After death of my father our agriculture land"s partition has been taken through court order in 11.08.2003..............it is believed that it was partitioned in accordance with prevailing rules}
Agriculture land is subject to local laws in some states and married daughters have NO share e.g; UP, and states carved out of UP.
You may go thru:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=108106&offset=1
http://www.lawyersclubindia.com/experts/Inheritance-right-in-agricultural-land-in-up-623166.asp
Kumar Doab
(Expert) 17 November 2016
The land is in which state?
Do you see any defect in order of court?
The land was probably in the name of deceased father!
Is the land self acquired or ancestral?
Since the suit has been filed it needs to be contested on merits.
What is the opinion of your own counsel, that has examined all docs on record.?
Rajendra K Goyal
(Expert) 17 November 2016
The orders of court need to be referred.
Who purchased the land, when and how it came in the name of your father?
Normally daughter has share in the property of father.
rajeev sharma
(Expert) 17 November 2016
As your father died before 2005 hence your sister has no right to secession to properties of your deceased father . This position has been clarified in its judjement
rajeev sharma
(Expert) 17 November 2016
As your father died before 2005 hence your sister has no right to secession to properties of your deceased father . This position has been clarified in its judjement
Lakshmi(D1) vs Susila(Plaintiff) on 8 November, 2006
Kumar Doab
(Expert) 17 November 2016
Expert Mr. Rajeev Sharma,
The author has addressed you in another thread at:
http://www.lawyersclubindia.com/experts/Lakshmi-d1-vs-susila-plaintiff-on-8-november-2006-623211.asp
