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Author :
rishab prakash
Posted On 10 July 2012 at 20:57
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Hello Sir,
I am Hindu,married man living in Kolkata.We are 2 brother and 2 sister. My father and grand father had property in patna.My grand father passed away long back and father in 2003.They dont made any Will.Next year our family divided and all my father property was transferred in the name of 2 brothers and it was registered in court.I had sell some of land and some still remains. I would like to ask you wheather
1. My sisters had still rights in property?
2. As I had heard that daughter cannot claim their father property if their age is above 65 so it is in my case.
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Expert :
ashutosh mishra
Posted On 10 July 2012 at 21:14
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The provision conferring right to female members as coparceners was passed in 2005 where before no state amendment was there in UP or Bihar then apparently your sisters have no right in the property divided between you and your brother by court's partition decree in 2003 or before 20 th day of December 2004.
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Expert :
MohammedRaffiq Bijapur
Posted On 10 July 2012 at 22:12
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Yes Rishab, the daughters who were born prior to the commencement of Hindu Succession Act of 1956 are not entitled for for share in ancestral property. Refer Pushpalata case. Judgment of High Court of Karnataka
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Expert :
ashutosh mishra
Posted On 10 July 2012 at 23:03
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WHAT ABOUT LODHA J. OF S.C. JUDGEMENT RAFFIQ?
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