Property share to married dauhghters
Yogiraj
(Querist) 01 February 2013
This query is : Resolved
Hello,
My grand father had 3 daughters & 3 sons.
My grand father passed away in the year 1973
The 3 daughters got married between 1970 to 1983
Though the property was internally divided in 1981 among the sons, it was officially registered on 3 induvidual sons in 2011.
Now can the daughters claim for their share in the property.
Nadeem Qureshi
(Expert) 01 February 2013
Dear Yogiraj
as per Supreme court Order the daugther's have equal share in the property(ancestral Property)
Advocate Bhartesh goyal
(Expert) 01 February 2013
Questioned property has not been partitioned legally before 2005 so now married daughters can claim partition.see the following judgment:-
Hindu Succession Act 1956,S 23 {After amendment} After 9.2.2005 any female heir can seek for partition even in respect of dwelling house by metes and bounds and maintain a suit for partition.Contention that Amendment Act 2005 can not be held to have retrospective effect and thus right and obligations of the parties should be determined as were obtaining on the date of institution of suit not tenable.
2009{4} civil court cases 304{SC} G Sekar vs Geetha & others
Raj Kumar Makkad
(Expert) 02 February 2013
I do endorse the advice of Bhartesh g.
Yogiraj
(Querist) 02 February 2013
Thanks you sir for your valuable time & inputs.
Regards,
Yogiraj
