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Q. Property - Hindu Succession Act (Amendment) 2005

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Dhiraj Chaudhari

posted 1 month ago

Q.Property - Hindu Succession Act (Amendment) 2005
Ancestral land (1.2 acres) of my grandfather (died on 1950’s), he had one son (my father) and two daughters (both daughters date of birth is in 1940’s and Date of marriage is 1960’s; out of which one daughter is dead 5/5/2012).
My father died on April 2019 now one sister of my father and other sisters who passed in 2012(daughter and sons) are asking for the share in land.
Firstly, do they get share in the property?
Secondly, I believe ‘’the court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.’’
If this above is correct, could anyone please share judgments or other information which can be useful in above case?

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. ) Yes after the amendment in 2005.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 month ago

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A. ) Dear Sir,
They are entitle for share but to get actual fruits of partition suit takes more than a decade. Allow them to approach a Civil Court and leisurely fight.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 month ago

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A. ) She's having property right according to the 2005. Amendment

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