HSA1956 and amendment 2005 Act
Querist :
Anonymous
(Querist) 15 August 2010
This query is : Resolved
women born before 1956, get property share in ancestral property?
any SC judgement for reference?
Surender Dhull
(Expert) 15 August 2010
All facts are no clear. Always succession opens on death. If the husband of the women died before passing the Hindu succession act and have only female issues left behind him then the property will be devolve upon only to widow only for getting the profits but after her death that property will go to colleterals if in the mean time the H S Act come nto force that that widow become full owner and the colleterals are not entitle. Give me full detal of facts for proper answer. thanks.
Querist :
Anonymous
(Querist) 16 August 2010
Dear Sir,
Thanks.
The details are as follows:
There were five children of `A` died intestate in 2000. Daughter 1, born in 1952,Daughter 2 born in 1954, Son 3 born in 1955, Daughter 4 born in 1957 and Son 5 born in 1959.
The property was bought in 1940, bought by `A`s father `B`. B died in 1980, this property devolved upon the only child `A`.
NOW THE QUESTION IS: WILL THE DAUGHTERS BORN BEFORE HSA,1956,ELIGIBLE FOR A SHARE IN THE ANCESTRAL PROPERTY?
