Purvajo se aayi sampatti
Bharti
(Querist) 27 April 2017
This query is : Resolved
Mere Pati ke ek brother aur 4 sister h. Sasurji 18-19 sal pahle Gujar Gaye. Unki sampatti jo unki khud ki Arjit nhi h purvajo se aayi h. Usme Pati ki bahno ka hak h kya?
Bharti
(Querist) 27 April 2017
Please expert aapki Ray kya h?
Rajkumar Tiwari
(Expert) 28 April 2017
No, they are not having share in the ancestral property.
As per latest Apex Court judgement daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005, the apex court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.
As you said that your father in law was died 18-19 years ago, I assuming that He was died prior to the amended Act came into force in 2005 hence your Sister in laws are not having share in ancestral property.
Kumar Doab
(Expert) 30 April 2017
If the nature of property is self acquired then they have equal share.
Recheck if it is ancestral.
Otherwise you have already received responses.
Kumar Doab
(Expert) 30 April 2017
Thanks for agreeing Mr. Rajendra K Goyal
