Daughter right in property, father expired in 1990
Querist :
Anonymous
(Querist) 16 June 2010
This query is : Resolved
Respected experts,
We are three brothers and two sisters, our father expired in 1990, without making any will. He hold two residential plots in his name. Now we want to transfer the same plots in our name.
Now my question is there any right of My sisters in that property, as father was expired in 1990 and Hindu Succession act was amended in 2005. Will this act has retrospective effect or the property will devolve in between three brothers only.
If there is any right of sisters then under which law it is declared.
Please advise accordingly.
adv. rajeev ( rajoo )
(Expert) 16 June 2010
The amended HIndu succession act is retrospective effect, as such your sisters are co-parceners. Coparceners means who have got righs in the property by birth.
3 borthers +2 sisters = each will get 1/5th share in the properties of your father. If mother is alive she will also get the share then each will get 1/6th share.