Mahadev Prasad 06 December 2017
Dear Sir, My father transferred inherited property to me during 1986-87.I Have a sister, she married during 1979.My father gifted to my sister some property and directly aqcuired the property in her name, same was menstioned in gift deed during 1989. My father dided on 1996. Now my sister asking for ancestral property again by filing suite. Is it again divisible with her
Madansingh Shekhaawat (writer & an editor) 11 December 2017
Do not worry, your sister cannot claim her shares into the father's property. Because as per the recent landmark Judgement of the Supreme Court, if a person dies on or after 2005, then only her daughter can claim her shares in the property.
But you father has expired in 1996, so even she files case, she will not succeed in her case.
The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.
Mahadev Prasad 23 December 2017
thank you very much sir
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