suresh mittal 02 May 2018

Succession

A dwelling house was purchased by mother in 1975, after her daughter was married off in 1968. The mother died in 1980. In 2013 that daughter filed suit for partition against her brother which was decreed in 2016. Can she claim share and seek partition in the house which was purchased after 7 years of her departure ? Section 23 of Hindu Succession was there in 1980 when the mother died but omitted in 2005. Is this bar not available in this case? Is it in order to file a case for partition after 33 years of opening of succession? Remedy?

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6 Replies

R.Ramachandran (Advocate) 02 May 2018

Repeat query. Already stands answered.

adv. rajeev ( rajoo ) (practicing advocate) 02 May 2018

She can claim because she is legal heir of the deceased mother

Arvind Kumar Mishra (Advocate) 02 May 2018

Succession is decided on the basis of estate and law on the date of death. It is not material when that estate was acquired.

Kumar Doab (FIN) 02 May 2018

Central Government Act

The Hindu Succession Act, 1956;23

https://indiankanoon.org/doc/685111/

THE HINDU SUCCESSION (AMENDMENT) ACT, 2005

4. Omission of section 23.-Section 23 of the principal Act shall be omitted.

https://www.prsindia.org/uploads/media/vikas_doc/docs/acts_new/1167483258_THE_HINDU_SUCCESSION.pdf

What exactly is the point that you want to raise.

Kumar Doab (FIN) 02 May 2018

Hope you have raised the point before court of law and court has decided the mater in favor of your sister after examining all facts of matter and on merits per applicable laws…and hopefully NO valid WILL/Gift surfaced and placed before court of law.

You have the option to offer to buy the share from your sister.

You must have approached your own very able senior LOCAL counsel of unshakable repute and integrity specializing in succession/civil matters and having successful track record ….. and worth his/her salt …and discussed in person………….

What is the opinion of your counsel.