Effect of recent amendment to Hindu Succession Act vs. Probate of a Will

3 years ago

Hello Sir / Madam,

As we know that Supreme Court recently give judgement that daughters have equal birthright to inherit property whether the father should be alive as on September 9, 2005 or not.

Hence, I have a query over here that this new judgment will also overruled on Grant of Probate? For more clarification I am providing below my details:

My grandfather purchased a property in year: 1931
My grandfather wrote a will in my favor only: 1980
My grandfather died: 1983
I applied for probate: 2016
Probate granted in my Favor: 2020

Now, my sister has filed partition suit against me and she is asking for half of share in my property. Is she is eligible? Please suggest.

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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir
it is a debatable issue needs personal consultation with any nearest panel advocate.
Please give me RANK FIVE (5) if my answer satisfies you.

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Geeta Singh

Responded 3 years ago

A.As this is your grandfather's self acquired property. And he made a will in your name so property belongs to only you according to will .and your sister has no right in this property.

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Jagannath S Pawar

Responded 3 years ago

A.If the High Court has given probate to Will then it is highly unlikely that change in status of property would happen. For that Probate of Will must have been opposed then n there by your Sister.

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Suneel Moudgil

Responded 3 years ago

A.1. since the property is ancestral and not partitioned before December 2004, resultantly, your sister can claim a share in the property,
2. however, it is made clear that necessary documents are required to understand before forming any legal opinion,

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