HINDU SUCCESSION ACT
SATISH KUMAR
(Querist) 20 March 2010
This query is : Resolved
Respected Sir,
I express my gratitude to you and the site for extending invaluable legal service to the needy people/litigants. We are three brothers and three sisters. My father died in 1996 and mother in 2006.My eldest sister filed suit for partition in 1999. The suit has now reached the stage of final decision. Today the ADJ asked me and the plaintiff's counsel to submit latest rulings on the point ..."how old cases are to be dealt with after the introduction of the HSA Amendment Act,2005 ?" That is - which law will be applicable i.e. the old one or the Amendment 2005?
Kindly suggest me some latest case laws on this point at your earliest convenience as the next date of hearing is 27-03-2010 and it will take me some time to cull it out from Law Library.
Reagrds,
Your's,
Satish Kumar
A V Vishal
(Expert) 20 March 2010
WHERE ARE YOU FROM?
Raj Kumar Makkad
(Expert) 21 March 2010
The date of death of decease predecessor-in-interest of the parties is relevant in such cases. In your case your father had expired in the year 1996 so no question arises to implement provisions of 2005 in your case. Only such citations which contain provision existing prior to 2005 are applicable in your case so find out citations for that period only.
Raj Kumar Makkad
(Expert) 21 March 2010
The date of death of decease predecessor-in-interest of the parties is relevant in such cases. In your case your father had expired in the year 1996 so no question arises to implement provisions of 2005 in your case. Only such citations which contain provision existing prior to 2005 are applicable in your case so find out citations for that period only.
