Equal share in father property

raghavendra (Querist) 11 March 2016 This query is : Resolved
Sir

my father had expred in the year of 1981, in the year of 2014 i have filed suit agsint my brothers for equal share in my fahter properties, still suit is pending.

i heard there is new judgement, if my father died beofre 20005 i am not entitrle for equal share,kindly advice me.

i am my sister's mentally ill daughter together have filed the suit for partition.

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basavaraj shiromani (Expert) 12 March 2016
yes, only co parcenrs get equal share in the ancestral properties. since you are not the co parcener as on the date of amended act, you won't get any share as per the amended act. but there are so many rulings of apex court as since birth the daughter is entitle to get equal share in the properties whenever she may have been born.

Adv. Yogen Kakade (Expert) 12 March 2016
Rightly answered by mr. shironmani

Dr J C Vashista (Expert) 12 March 2016
I agree with expert advise of Mr. Basavaraj Shiromani. The equal right of daughter(s) has been incorporated since 24th September 2005 which is not retropective, therefore, your mother cannot get a share in her parents ancestral property.

Rajendra K Goyal (Expert) 13 March 2016
You have share in the property, if the property was self acquired by your father.

basavaraj shiromani (Expert) 14 March 2016
Yes, I agree with expert Rajendra K Goyal

raghavendra (Querist) 14 March 2016
MR Rajendr4a Goyal, it is seems my grandfather got this property thorough occupancy right, it seems this is called as self acquired pproperty kindly, guide me

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