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Vimal Nathan   06 November 2022

Hindu Succession Act 2005

I am 60 years old and my father had an ancestral property of 2 acres.He registered a release deed in favour of my only brother by 1996 and died on 1998. He built a factory and home in it and he is enjoying the whole land now.

In the deed he mentioned that half of my fathers property ( 1 acre) that he is releasing to my brother by getting 50k and he can enjoy the whole land of 2 acres.

In 1996 , hindu succession act tells ancestral property will not be given to the daughters I guess. So my father released his half to my brother and mentioned he can enjoy the whole land. But according to the 2005 amendment in HSA, can I ask for my part?


Learning

 3 Replies

Dr J C Vashista (Advocate)     07 November 2022

Hindu Succession (Amendment) Act, 2005 is not applicable in your case.

File a suit for partition, possession and mesne profits against your brother in jurisdictional civil court.

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts / documents, professional guidance and necessary proceedings.

 

Vimal Nathan   07 November 2022

I forgot to mention that I am the only sister to my brother.

Real Soul.... (LEGAL)     07 November 2022

the property being ancestral means you have the share in it, agree with Dr. Vashistha's advise; you file the suit and also file an application for appointment of receiver for the property in question .


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