Regarding daughter's share after 2005-Amendment Act
1 year ago
My father filed suit for partition against my eldest uncle who was HUF Karta then and trial court passed preliminary decree- decreeing coparcenary shares of 1/4th for each 3-sons and my grandmother. After the demise of my grandmother decree was modified by adjusting her share equally among 3-sons and 4-daughters. Later all the daughters relinquished their rights in favour of 2 brothers by registered relinquishment deed before 2005. Now the execution proceeding is still going on and the final decree is not yet passed. Can 2-brothers(my father and youngest uncle) claim 2005-amendment benefit for daughters since they are stepping in their sisters' shoes for undivided share of daughters in the ancestral property?
Once the daughters relinquish their rights in favor of their brothers, they will no longer have any claim to the ancestral property. The brothers can then claim the undivided share of the daughters in the property as their own. However, whether or not they can claim the benefit of the 2005 amendment would depend on the specific laws and regulations of the jurisdiction where the property is located. Please seek an expert legal advice over this matter.
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