land dispute land dispute

2 years ago

About 40 years ago a man(father) distributed his land equally in his 3 son,s but kept one field(agriculture land) for himself and his wife for his living and it was dwelled by his younger son as both of them was living with him ( as it was tradition here to keep some land for himself and when parents died brother distribute it or it was already distributed by father so after death they take their share). father died in 1999 and mother in 2008. Now a situation arises is the daughter comes into party they also want share in land. now tell me is they are legible to that part which is given by their father at their will ( testamentary)
or to the only that part which is undivided and disputed.
if legible how ?

Anik

Responded 2 years ago

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A.Dear Client,
Yes, the daughter can claim her right in the property as she is also considered as legal heir as per the judgement given by Supreme Court in Vineet Sharma vs. Rakesh Sharma & ors.
Thank You.
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Abhimanyu Shandilya

Responded 2 years ago

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A.The Hindu Succession Amendment Act of 2005 gave the daughters right in the ancestral property of the fathers and till 2020 it was thought that this law was applicable only after 2005 but in the year 2020 the Supreme Court of India passed a landmark judgment making the law applicable retrospectively. That means even if the father died before 2005 the daughters will have the right in the property.
This was right fully decided in the case of Vineet Sharma v/s Rakesh Sharma and others.
So as per the law the daughter will have rights in all the property.
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