asim jana (accounts head) 05 November 2015

Daughter

Sir,

We are from West bengal and hindu family. My father purchased a land in the year 1989. My father died in the year 1999 in west bengal. my mother, my elder sister and me are the legal successor. my elder sister married in the year 1997. my father did not made any will for his immovable property. there is no sharing deed or any partition deed on my father's immovable property till date. my question is that, as per current hindu succession Act does my sister claim my father's own immovable property?

and also my mother had a land which was gifted by her to me and registered in the year 2012 in the name of mine. The land purchased by my mother in the year 1995. my mother is alive now. my question is that does my sister claim my mother's property in future which is already gifted to me and registered?

Pl. need expert advice

Thanks & Regards,

Asim Jana

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5 Replies

Anil Upadhyay (Lawyer) 05 November 2015

Your sister has no claim on the property.Supreme Court held that, in view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text of the amendment. Apex Court further held that, an amendment of a substantive provision is always prospective unless either expressly or by necessary intendment it is retrospective. All that is required is that daughter should be alive and her father should also be alive on the date of Amendment, 2005.

Thanks

S reddy 05 November 2015

Depends on the state amendment also. For example if she gets a right as a coparcener in state amendment, then central amendment cannot take it back based on principle of Rights once vested cannot be divested.