Hindu succession act 2005
perumal
(Querist) 06 January 2017
This query is : Resolved
I am looking for a legal opinion on my rights over my mother’s self acquired property.
We are two daughters and one son for our parents and all married. Our mother expired on 05.06.1996 leaving a house, self acquired property in her name without any partition or testamentary partition among us. Our father expired during 2012 leaving nothing. Now our only brother occupying our mother’s house stating that it is only for me being a male son. Shall we approach appropriate Court to get our portion.
Adv Prashant
(Expert) 07 January 2017
Yes...You can go to court.The amendment of 2005 to the Hindu Succession Act giving daughters equal rights to ancestral property is applicable even for girls born before the law was changed in 2005, the Bombay High Court has said. since both you sisters and your father were alive on dt 9 September,2005( date of Hindu succession amendment act), both you sister having right to obtain share in this property.be forward with a good lawyer having specialisation in Civil, Criminal and Taxation so that there will no any tax implications too after you got such share.
You can contact me @ 9760290825 for any other clarification during 9 to 11 P.M.any day.
Advocate Prashant
Rajendra K Goyal
(Expert) 07 January 2017
You have right in the property of your mother, if no amicable solution possible, may file case for partition.
Kumar Doab
(Expert) 07 January 2017
Property from mother's side is not ancestral.
Legal heirs of mother are; husband,sons, daughters...........
You have equal share.
Try for amicable settlement with help of elders,well wishers known to you and if nothing works file for partition.
perumal
(Querist) 12 January 2017
Thank you all Sirs, for your kind information regarding Succession Act, 2005.
Perumal.M
Kumar Doab
(Expert) 12 January 2017
You are welcome.
Rudrawar Narayanreddy
(Expert) 03 February 2017
hindu succession act section 6 old and new (2005) applies to ancestral property.
Male hindu's self acquired property is succeeded by his hiers under section 8
This case is not covered by section 6 of hindu succession act.
since it is self acquired property of women succession is under section 15 of hindu succession act. All sons and daughters are having equal share as husband of woman as already died. Daughters have to file suit for partition and get share from court.
