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Hindu succession law (ancestral property)

This query is : Resolved 
 

Online (Querist)
23 October 2020

Can descendents of daughter born in 1905(now deceased) demand their share in property built/acquired in 1857 in the light of judgement passed by Hon.Supreme Court on 11th Aug.2020? Where does the retrospective effect end?


Dr J C VashistaOnline (Expert)
24 October 2020

It would be better to consult a local prudent lawyer for appreciation of facts /documents, professional advise and necessary proceeding, if it is not a question paper.

Rajendra K Goyal Online (Expert)
24 October 2020

When the daughter expired.
Facts not sufficient to form an opinion.
Better show all documents to local lawyer and discuss in detail.

kavksatyanarayanaOnline (Expert)
24 October 2020

You have not disclosed full facts. You just ask this as a question to the members of this platform.

K RajasekharanOnline (Expert)
25 October 2020

If the lady was alive on 9th September 2005 she would have right to a share in the joint family property since the date of her birth, if the property had not been divided till 20th December 2004.

If she died earlier she would have no right in the joint family property as per the recent judgement.

Ravi khannaOnline (Querist)
25 October 2020

Thanks Mr.Rajasekharan for clarification. But what about her children, grandchildren and great grandchildren who are alive ?

K RajasekharanOnline (Expert)
25 October 2020

If she does not have any right in the ancestral property of coparcenary joint Hindu family, it is quite natural that her descendants will not get any property through her.

In coparcenary system which remained in existence through Section 6 of the Hindu Succession Act, only male members of four successive generations have any property right.

If the property remained undivided as joint family property in the year 2005, the sisters of the fourth generation male members of the family then living will have property rights since their birth, as a consequence of the retroactive operation of the law as per the new judgement.


Rajendra K Goyal Online (Expert)
25 October 2020

Well explained agree with the advice from expert K. Rajasekharan.

J K AgrawalOnline (Expert)
26 October 2020

Well answered by Ld Mr. Rajshekharan.
I want to add in his answer about non coparcenary or self acquired property.
If the daughter born in 1905 was alive on or after 17-06-1956 she is having right in personal property of her parents, and her descendants also.
The Judgments is retrospective for the females who were alive on 17-06-1956 but it does not extend to heirs of the female.
Suppose it is extended to heirs of females then each and every succession in India would be under dispute.



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