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Grandfather property distribution
3 years ago
I need help regarding my dad's sister share in my grandfather property.my grandfather died in 2002 without any Will. Now my dad's sister sold her share to a builder .is that legal? Now he is demanding 1 flat and wants to construct our building.pls Help.in 2005 amendment are daughters ligally share holder in father's property ,if father died before 2005?
A.Hai,
After the 2005 Amendment, Daughters regardless of their marriage became the equal sharer with sons in HUF (Hindu Undivided Family) property or ancestral property of father by virtue of their birth. Father can testate (making will) his whole self-acquired property but cannot testate his whole ancestral or HUF property without daughters. If you found this helpful, please rate us.
After the 2005 Amendment, Daughters regardless of their marriage became the equal sharer with sons in HUF (Hindu Undivided Family) property or ancestral property of father by virtue of their birth. Father can testate (making will) his whole self-acquired property but cannot testate his whole ancestral or HUF property without daughters. If you found this helpful, please rate us.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hai,
Supreme Court rules that daughters have equal rights in their father's property. In its decision, the Supreme Court clarified two points: coparcenary rights are acquired by daughters on their birth; and. fathers need not have been alive when the 2005 amendment to the Hindu Succession Act 1956 was passed. If you found this helpful, please rate us.
Supreme Court rules that daughters have equal rights in their father's property. In its decision, the Supreme Court clarified two points: coparcenary rights are acquired by daughters on their birth; and. fathers need not have been alive when the 2005 amendment to the Hindu Succession Act 1956 was passed. If you found this helpful, please rate us.
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Sidhaarth
Responded 3 years ago
A.Was you a joint Hindu family? The amendment passed in 2005 does not have retrospective effect.
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