Ammendment in hsa in sec 6 2005
rajiv dehuliya
(Querist) 20 January 2013
This query is : Resolved
for a male hindu`s ancestral property whose owner died 1985 leaving one son and 4 daughters behind .wife of owner died in 1984
the property was joint till date. and a suit for partion was filed in april 2010 by son.
as the property was joint untill n after 2005 and no partition was done nor demanded by any heir .will act of 2005 come into act?
or something else? agricultral land is 40 acre? is there any difference in agricultral property and other property in eyes of law.
plz answer.
prabhakar singh
(Expert) 20 January 2013
Q"is there any difference in agricultural property and other property in eyes of law."
Answer:
If the property is in UP and is agricultural then it's inheritance would be governed by UPZA provisions of succession and not by Hindu succession Act.
For other things come with facts in more detail.
Raj Kumar Makkad
(Expert) 20 January 2013
The right of inheritance accrues soon on the death of owner as in the given case the right to inheritance has accrued to all sisters and brothers immediately on death of their father in 1985 though the land is still joint but the same shall be partitioned on the basis of HSA 1956 and not on the basis of HSA 2005.
There is no any difference of agricultural land and any other ancestral immovable property so far as law of succession is concerned.
