Hindu succession act, 1956

surjit singh (Querist) 08 May 2013 This query is : Resolved
1. Whether a married women borne before 1956 (i.e. before the enactment of the Hindu Succession Act, 1956)and married after 1956 has got the right to claim the share in the ancestral property.

2.Whether a married women borne before 1956 (i.e. before the enactment of the Hindu Succession Act, 1956)and married before 1956 has got the right to claim the share in the ancestral property.

I may add that the Hindu Succession (Amendment) Act, 2004 entitles a female to have her share in the ancestral property.

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prabhakar singh (Expert) 08 May 2013
Neither 1. nor 2. but it is amendment Act, 2004 decides when and how she would get or not get now which she could not get earlier.

Raj Kumar Makkad (Expert) 08 May 2013
Until you post further facts like whose inheritance you are mentioning the when such predecessor in interest of the mentioned daughter died, nothing can be opined as desired.

The relevant thing is the day of entitlement of the succession and not the date of birth.

surjit singh (Querist) 12 May 2013
The case is the petitioner has filed a suit for partition of agricultural land in the year 1991 which was dismissed for default, in which the sister expressed their relinquishment of the right in the ancestral property.
The petitioner has again filed a partition suit in the year 2013,for the same agricultural property where he has not made his sister as necessary parties.
Now the ancestral property is the property purchased by the petitioner's father before 1950 and also property purchased by his father till 1984.

The fact is the petitioner's two sisters were born in 1935 and 1945 respectively and married in 1954 and 1965. CAN THEY CLAIM ANY RIGHT IN THE ANCESTRAL PROPERTY.