Hi,
I've gone through a lot of forums and primarily it looks that the daughter will not have any share in property acquired by Father, in case the father died in 2000 ( i.e. before the Hindu Succession Act (Amendment) 2005 came into effect). But i want to check from the experts if daughters would be entitled to the share in agricultral land acquired by father in the following case:
1. Father died in 2000 leaving no will.
2. The property was purchased by father in 1970.
3. Father wanted to sell the property in 1996, the sale didn't go through as intended. The sale transaction of the property was under a legal disputed being heard in the Delhi high court (from 1996 onwards) as there was a dispute between buyer and seller(us). After Father's death in 1999, daughters were acknowledged respondent to this case by the Hon'ble high Court.
3. More recently the Hon'ble High Court has invalidated the intedned sale transaction and has ordered respondents (us) to pay specific damages which are being paid by all (Including daughters). Hence, as of today, the property in still under the name of the father who passed way in 1995. Having said that, the property is still undivided as of today.
I request learned experts to comment if the daughters would be entitled to thier share in Agricultural land if the property is to be divided as of today. I understand that the father should have been alive in as of 2005 for this to be the case but given that daughters have already paid the damages to counter party as specified by the Hon'ble court, would daughters stand any chance?
Thanks
Basant Singh
