Ancestral property
VINOD
(Querist) 13 August 2021
This query is : Resolved
I am a Hindu lady.
My parental grandfather died intestate in 1945. He was survived by a son, i.e, my father, and one unmarried daughter. His wife had died earlier. My grandfather left behind one residential house in Punjab which he had purchased with his self earned money.
My father was married in 1941. He had one son and two daughters. The son was born in 1942 and the eldest daughter was born in 1945. I ,her younger daughter ,was born in 1952.
My father married his younger sister in 1953 and sold off property inherited from my grandfather in 1959 to pay off the loan taken for the marriage of his younger sister.
Thereafter, my father bought some property in Delhi with his self earned money. He started making payment for Delhi property before selling Panjab property.
But in 2001 my brother filed a case of partition against my father claiming that Delhi property was made out of the proceeds of Panjab property. Even the heirs of my elder sister who died in 1996 have become plaintiffs in the case even though their mother died in 1996 and my father died in 2003 ,i.e, much earlier than 2005 amendment in HSA.
My queries are :
1- What was the nature of Panjab property that fell in the hands of my father vis a vis his sister since my grandfather died intestate.?( The plaintiffs never showed the sister in family tree in their plaint but did admit her existence elsewhere)
2- Both my sister and father died before 2005 amendment in HSA. Can the heirs of my sister still claim share if the property is proved Ancestral?
kavksatyanarayana
(Expert) 13 August 2021
You stated in your query, my father's sister, and another place my sister. As your father and your aunt(your father's sister) died whether, before 2005, your grandfather's property devolved among the legal heirs of your father and your aunt in equal shares for the shares your father and your aunt.
Dr J C Vashista
(Expert) 14 August 2021
1. Delhi property was certainly purchased out of sale proceeds of Punjab property inherited by your father, which would be considered as "ancestral" and not self acquired in the hands of your father.
2. LRs of your aunt (bua) have a share in the property.
You have already engaged / paid an able, competent and intelligent lawyer what is his/ her opinion / advise since s/he is well aware about facts and circumstances of the case ?
VINOD
(Querist) 14 August 2021
Sir, thnx for your response. Delhi property was a self acquired property of my father as per exhibits submitted by plaintiffs themselves such as Will of my father where my father clearly mentioned that Delhi property was his self acquired property. As regards my aunt, her LRs never came forward for a share. My humble query is on mode of applicability of Section 8 of Hindu Succession Act in my case as well as application of 2005 amendment where both daughter and father have died before the year 2005. Thanks & Regards
P. Venu
(Expert) 14 August 2021
You are less than honest with the facts. You are posting unnecessary and irrelevant facts leaving out the necessary and relevant facts.
The posting is a riddle than a query. Please come clean with the facts if you have a real issue.
Dr J C Vashista
(Expert) 15 August 2021
Being class I heir of her father she has a share in the intestate property left behind by deceased.
Amendment to section 6 of HSA is retrospective.
