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Dr Apoorva Chandra   09 March 2016

Amendment in succession act 1956 in 2015

Hi,I am a Doctor by profession.I have an Independent house in Kavi Nagar,Ghaziabad under my deceased Parent's name.My Mother passed away when I was just 4 years old and my Father passed away in the year 1998,when I was just 14 years of age.I have 3 married sisters,the eldest one is a teacher married to a PSU Banker from last 18 years.They have two independent houses of their own.One in Greater Noida and other one in Lucknow.Second sister is happily married and settled in USA from last 17 years.Both are working in USA.Third Sister is married in Ghaziabad itself.Her husband is a Businessman.Only owner of their Family Business.She is residing in a similar kind of villa in a different block and they have two Flats also booked under their name.She is also happily married from last 13 years.We all were taken care and settled by our Step Mother,who also passed away in 2009.But the property where I am residing is under my Father and Biological Mother's name.I have been paying all the house tax and bill and everything of this house and have been staying here after completion of my studies since 2010.I want your advice and help in getting the property transferred under my name.I have the will from my father and property papers.Is no objection still required from all the sisters even after the addition of this amendment in 1956 Succession Act in Oct 2015 ?As my father passed away much before than 2005 and my all sisters are by God's Grace happily married with a sound financial background.I want to open a Nursing home in this home.But my third Brother in law is in objection of this.Please advice how can I proceed...

 3 Replies

saravanan s (legal advisor)     09 March 2016

the amendment relates to ancestral property and not self aquired property of your parents.

did your father write a will on your name when you were four years old? if so you can obtain probate of the will through the court and you can mutate the property on your name.

Dr Apoorva Chandra   09 March 2016

Thanks for your valuable advice Sir.My Father died when I was 14 and not 4.The amendment in act states that for a daughter to have equal rights,both the daughter and the father had to be alive in Sep-2005.But my father passed way in 1998.So can my sisters still claim a right in this property of my parents even after acquiring their own multiple independent houses?

saravanan s (legal advisor)     10 March 2016

since the property has been willed on your name alone you can go for probate and execute the will.your sisters cant claim any share in that property as they are not beneficiaries according to the will

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