Hindu law 1956 and amendment 2005

Thangaraja (Querist) 08 August 2012 This query is : Resolved
Hi,

My grandfather bought a land on 1939 and was dead on 1943. He is having a son(My father) and a duaghter. Some lawyers are telling that my aunt is also having rights in that land since the land is not transfered to my fathers name before december 2004 (amendment -2005)and some other lawyers are telling that since my grand father died before 1956 she does not have the right even there is amendment. Please clarify. Thanks.

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J K Agrawal (Expert) 09 August 2012
Dear Sir

It does not make any difference that your GF died before or after 1956.

Further you aunt was having right even before the amendment 2005.

it makes no difference that the property stands in whose name in government records.

If suppose your GF was having 1 son and 1 daughter. Before 2004 the share of son was 3/4 and Daughter was 1/4 but if no registered partition before 20-12-2004 the share of both is 1/2 and 1/2.

Thangaraja (Querist) 09 August 2012
Dear sir,

I have raised similar query in this site and many expert's opinion was that GF death before or after 1956 matters. Please clarify.

http://www.lawyersclubindia.com/experts/Property-of-my-grandfather-who-died-before-1956-322021.asp

Thanks.

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