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Dhiraj   07 August 2019

Property dispute - hindu succession act (amendment) 2005

Ancestral land (1.2 acres) of my grandfather (died on 1950’s), he had one son (my father) and two daughters (both daughters date of birth is in 1940’s and Date of marriage is 1960’s; out of which one daughter is dead 5/5/2012).

My father died on April 2019 now one sister of my father and other sisters who passed in 2012(daughter and sons) are asking for the share in land.

Firstly, do they get share in the property?

Secondly, I believe ‘’the court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.’’

If this above is correct, could anyone please share judgements or other information which can be useful in above case?



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 4 Replies

Prajesh Jehan (Ub)     08 August 2019

Is that the self acquired property of your grandfather? Did ur grandfather wrote any Will ??? Did u made any partition deed?

Prajesh Jehan (Ub)     08 August 2019

Is that the self acquired property of your grandfather? Did ur grandfather wrote any Will ??? Did u made any partition deed?

Dhiraj   08 August 2019

NO there no will of my grandfather. 

Also, it not self acquired. 

There is no partition deed (formal). However, my father paid her sister's Rs. 2.5 lakh to each in cash ( In year 2010) as part they wont be asking any share in future we have payment received signed by them. As my father is passed way in April 2019 I think now they want more money from us. 

Shashi Dhara   08 August 2019

If it was registered in2010 thru release deed it was lawful.the greedy persons deny every thing.if they goto court let they go.it takes 30ysr to take partition . Possession and title

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