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D.Das (VP)     13 January 2013

2005 hsa and testamentary disposition

My father inherited certain ancestral properties. He died in the year 1994 and subsequently my mother died in October 2004 (before 2005 Amendment cut-off date). I have 2 sisters who have sued for partition, My mother gave all her properties and share in the ancestral properties through a WILL to me which got probated few months back. Keeping in mind the provision of Sec 6 Sub-section 1, of the amendment act my question is the following:

Is the exemption related Testamentary Disposition in the amendment applicable in my case or not, i.e., will my sisters get the benefits of the amendment, in the said ancestral properties?



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 January 2013

Your query is not clear. If the mother has only given her self acquired properties + share in ancestral properties in a will executed and carried into effect - then your sister's can stake a claim to that in any case, 2005 amendments have got nothing to do with it. The entire ancestral property she in any case was incapable to will away

D.Das (VP)     14 January 2013

Thanks for your reply. Let me clarify. I am talking about ancestral properties of my father, here. As per Section 6 sub-section 1, provisio, if there is a testamentary disposition prior to December, 2004 then the 2005 Amendment (section 6, sub-section 1 ) is not applicable. Also, the definition of Testamentary Disposition is already there in section 30 of HSA.

My question is reated to this.....since there is a testamentary disposition of my mother, in my favour, would the 2005 Amendment be still applicable or not to my sisters.

 

 


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