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(Guest)

Ancestral property

Dear learned senior friends,

My issue is as below:

My grandfmother had a piece of land in Patna in her name, and expired in 1989. My grandfather was residing there till his death in Aug 2005. My grandfather had 5 children - 3 sons (including my father) and 2 daughters. All sons and daughers have one or more male child. My father has two daughters and one son (that is me). My father expired in 1993.

Regarding my father's one fifth share in the ancestral property (land, locker and cash in the bank account) - who is elegible for this share? Is it only me or is it my sisters too.

I have read somewhere that women become elegible to own share of ancestral property only if the father was alive as on On September 9, 2005 or later (bench of Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming co-parcener is on and from the commencement of the landmark amendment to The Hindu Succession Act of 1956 thus on 9th of September onwards).

Dear seniors, please confirm if this ruling applies in this case.



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 December 2015

Sir, You all three have equal share in the property .. Warm Regards Kapil Chandna Advocate 9899011450

kavksatyanarayana (subregistrar/supdt.(retired))     11 December 2015

author, you and your sisters have equal rights over the property of your father share.


(Guest)

Dear Sir,

Thanks for the answer. Just one more clarification.

All my 2 uncles and their families and 2 bua (aunt) have their own families and live separately from each other.  The property in Patna was self earned by my grandfather in 1960, who registered it in name of my grandmother (who passed away in 1989). Grandfather passed away in 2005 Aug, one month before the amendment to the Hindu Law of Succession came into effect. All uncles and Bua have male children.

Since grandfather expired in 2005 Aug, and not September, does the 2005 Sep amended law of Hindu Succession still apply or not? Who would be claimants to the property?

a) My uncles (both are alive)?

b) My bua (both are alive)?

c) Since my father is no more, then in that case, me ?

 

 


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