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sunita shaw   19 January 2016

Women right

Respected Sir/Madam,

Situation :- My Grandfather (Hindu Religion) died in 1987. He had self acquired property in his name. My father have an elder Sister only. My Grandfather didn't make a will .Now she wants her share in the property.

I got to know that Supreme court Judgement has came out in 2015 that a daughter has no right in father's property anymore if he died before Hindu Succession Act, 2005,

I want to know that this judgment came into force ??Now it is applcable or not.

Is there any amendment came in favour of daughter ????

Please help me its urgent.



Learning

 9 Replies

Adv. Yogen Kakade (+ 91 9225510883)     19 January 2016

Firstly the Hindu succession Act is not 2005.. It is an ammendment made in the Hindu Succession Act 2005.

Don't go on hearsay information.. read the Hindu succession act (even available online) ammendment of 2005.

Adv. Yogen Kakade

Jurycon Incorporation

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Email: juryconincorporation@gmail.com
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Laxmi Kant Joshi (Advocate )     19 January 2016

you didn't mention about the property is it residential or agricultural ?

Anil Upadhyay (Lawyer)     19 January 2016

Your Father's sister has no claim on the property, as Supreme Court held that, in view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text of the amendment. Apex Court further held that, an amendment of a substantive provision is always prospective unless either expressly or by necessary intendment it is retrospective. All that is required is that daughter should be alive and her father should also be alive on the date of Amendment, 2005.

.

Further, any other change in fact may change the situation.

saravanan s (legal advisor)     19 January 2016

since it is self aquired property of the grandfather whatever you had quoted from hsa wont be applicable.and also since he had died intestate all his class one legal heirs including the woman has equal share in the property 

sunita shaw   20 January 2016

Sir,

This is a residential Property.

sunita shaw   20 January 2016

Sir,

Here also i got two diffrent view that my Father's sister has no claim in the property and if it is self aquired property , woman has equal share in the property.

Plesae kindly explain .. 

Anil Upadhyay (Lawyer)     20 January 2016

I wrongly wrote "your father's sister has no claim" instead of "your father's sister has claim" and later cleared SC verdict..

Further, agreed with Mr.Saravanan...

sunita shaw   20 January 2016

sir saravanan,

pls can u tell me what is exactly ancestral property means?

 

Unknown   20 January 2016

I am raising this query on behalf of my mother(Hindu)

My grand father has both anchestral property as well as self
acquired property(Tamilnadu).He has 2 wives. 1st wife has no children. For
the 2nd wife, one daughter(my mother) and one son.
he Written a "WILL" stating that my grand mother(2nd wife) has all the rights to
those property and after her life the property should go to
grand son's of his son.
My grand father died at 1999(think so)

"WILL" Generated at 1995

Could you suggest is there any way to get equal rights in that property?


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