LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

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?


 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 .


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register