Succession opened prior to hsa 2005 a

Querist : Anonymous (Querist) 10 November 2011 This query is : Resolved
Dear Sir
Which law will be applicable for the residential property of which the succession opened before hsa 2005 (case related to residential property ie sec 23 of HSA 1956)father died in 1959, mother died in 1980 daughters marriage in 1970 son married and having 1 son
thanks
sasuho

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prabhakar singh (Expert) 10 November 2011
The reference to 2005 amendment confuses your query misguides experts.

Tell frankly that the residential property you have referred to belonged to your father
and left by him on his death in 1959:

1]was purchased by him? or
2]he inherited from his father?
3]If your father inherited it
from his father the was it property
created by your grand father ?? or
4]your grand father also inherited
it from his father[means from your great grand father]

unless you provide these facts no true
can be given.
Hence revert back with answers only
in this thread without opening any new query thread.

Querist : Anonymous (Querist) 10 November 2011
Dear Sir
Thanks for the quick response
1)Property purchased by him but during process he died and hence this is on his wives name.
2)His wife died intestate in year 1980.
3)All daughters are married before 1970.

Thanks
Sasuho

prabhakar singh (Expert) 12 November 2011
Then this property belongs to his wife who died in year 1970 intestate hence her heirs under hindu succession Act are entitled to inherit it.

As her husband predeceased her all sons and daughters[married or unmarried] are heirs entitled to inherit simultaneously and equally.

Querist : Anonymous (Querist) 13 November 2011
But sir after his wife's death in 1970 ie prior to Amendment HSA 2005 succession had opened. then in this case can section 23 of HSA 1956 (dwelling house) will be taken in to consideration?
Please clarify
Thanks

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