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Bala   27 October 2015

Rights to undivided property

Hello, My grandfather earned some property and died intestate in 1955. His wife died a few years later. They have seven cildren, three daughters and four sons. I see articles which mentions the hindu succession act is only applicable if my grand father died after the hindu succession act 1956 was enforced. The four sons are enjoying the property with unregistered oral partition. One of the daughters is threatening to go to the court to file a partition suit, does the daughter have rights on the property. Can the oral partition be registed in current year among the 4 sons, parts of the property chitta still has my grand fathers name but some of them have the 4 sons name. Thank you in advance.



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 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 October 2015

Putting to rest the confusion created over repealing of the Hindu Succession (Amendment) Act, 2005, the High Court of Karnataka has recently held that repeal does not take away the status of a coparcener conferred on a daughter giving equal rights, with the son, in ancestral properties.

Bala   27 October 2015

Thank you for your response Mr. Rama chary. When I read articles as a layman I find that Hindu Succession (Amendment) Act, 2005 was amending to something that was made into law in 1956 and only applicable to somone who died intestate after 1956. In my family's case grandfather who earned the property died before that day. Moreover we are not 4th generation so I dont think the property is classifed as ancestral property. Please help.


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