Hindu law 1956 and amendment 2005 (Property Law)

This query is : Resolved

Author : Thangaraja

PRO CHAT CALL

Posted On 08 August 2012 at 19:23

Hi,

My grandfather bought a land on 1939 and was dead on 1943. He is having a son(My father) and a duaghter. Some lawyers are telling that my aunt is also having rights in that land since the land is not transfered to my fathers name before december 2004 (amendment -2005)and some other lawyers are telling that since my grand father died before 1956 she does not have the right even there is amendment. Please clarify. Thanks.

Expert : J K Agrawal

PRO CHAT CALL

Posted On 09 August 2012 at 05:57

Dear Sir

It does not make any difference that your GF died before or after 1956.

Further you aunt was having right even before the amendment 2005.

it makes no difference that the property stands in whose name in government records.

If suppose your GF was having 1 son and 1 daughter. Before 2004 the share of son was 3/4 and Daughter was 1/4 but if no registered partition before 20-12-2004 the share of both is 1/2 and 1/2.

Author : Thangaraja

PRO CHAT CALL

Posted On 09 August 2012 at 10:40

Dear sir,

I have raised similar query in this site and many expert's opinion was that GF death before or after 1956 matters. Please clarify.

http://www.lawyersclubindia.com/experts/Property-of-my-grandfather-who-died-before-1956-322021.asp

Thanks.