Partition suit of separate property
SATISH KUMAR
(Querist) 17 December 2012
This query is : Resolved
We are three brothers and three sisters . all are married.The parents are no more.The property is self acquired property of our deceased father.HSA Amendment Act,2005 is applicable for ancestral property. My query is : is HSA 2005 applicable in our case when section 23 of the original Act has been deleted ?The suit was filed in 1999 by eldest sister only against others and still going on. which Law will be applicable in this case ? The petitioner wne tot Delhi High Court in Appeal and the Judge sent back the case to lower court mentioning that there is no retrospectivity orprospectivity in law. The judge instructed the trial court to hear the arguments on specific issues, already framed and decided by the Trial Court again and decide.
Kindly advise legal position. I earnestly request Shri Makkad sahib to plz advise.Reply may kindly be sent on my e mail id plz.
regards,
satish kumar
9810544388
em: skdhanwal@yahoo.com
adv. rajeev ( rajoo )
(Expert) 17 December 2012
It was the self acquired property of your father and he had not distributed the property during his life to any one of his family members, he died intestate, so after his death succession opens. All the legal heirs of your father i.e., you, your mother and sisters are entittle for equal share, even married daughters are also entittle. Amended Hindu Succession does not come into picture.
Raj Kumar Makkad
(Expert) 17 December 2012
rajeev has perfectly replied the query.
