Property issues by my aunties, all are more than 70 years ol

Querist : Anonymous (Querist) 29 January 2020 This query is : Resolved
After My grandfather death 1976, all his property transferred to my father in 1976 by patta chitta. After my father's death 1995, that properties changed to my name by patta. I am paying tax for that one from 2000. EC also in my name. By using 2005 act, my father's sisters asking share in all the properties. They married before 1989. Case is pending in court. They are going to apply stay for that property. What will I do now? Before 2005, no women has rights in immovable property. By that all are changed. Is it favour for me? Can i sell that properies? They are harassing me by many ways. Give some ideas, please.

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KISHAN DUTT KALASKAR (Expert) 29 January 2020
Dear Sir
Before stay order is granted you may wisely alienate the properties or create charge . Secondly it must come from 4 generations to call it as ancestral property. The Civil cases takes lot of time so you may contest the case safely.

kavksatyanarayana (Expert) 29 January 2020
Your aunties have also equal share with your father as it is an ancestral property.

Raj Kumar Makkad (Expert) 30 January 2020
The application of Hindu Succession Act, 2005 is with prospective effect and not retrospective so your aunts have no right in the property as per HSA 2005 but they have definitely right of maintenance in the said property on the demise of their father during the year 1976 as per Hindu Succession Act, 1956.

You need not to alienate the said property just because your aunts are claiming the share therein. They have negligible share in the said property as per law.

Dr J C Vashista (Expert) 31 January 2020
I agree with expert advise of Mr. Raj Kumar Makkad, amendment in HSA is effective from 25th September 2005 but not retrospectively.
No need to alienate the property.

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