RAVI KIRAN 20 January 2016

Ancestral property

MY WIFE IS FROM EAST GODAVARI DISTRICT AND THERE IS AN ONE ACRE PROERTY ACUIRED BY MY WIFE'S GREAT GRAND FATHER, THIS GREAT GRAND FATHER HAS 5 SONS AND THE SAID LAND IS EQUALLY DISRIBUTED TO HE 5 SONS AND THEY HOLD THE PASS BOOK, ONE OF THE 5 SONS IS MY WIFES GRANDFATHER AND HE HAS ONE SON AND ONE DAUGHTER (MY WIFES MOTHER), HER GRANDFATHER EXPIRED IN THE YEAR 2000 LEAVING BEHIND HIS WIFE AND ONE SON AND ONE DAUGHTER, MY MOTHER IN LAW GOT MARRIED IN THE YEAR 1979 AND EXPIRED IN THE YEAR 2009 AND MY FATHER IN LAW ALSO EXPIRED IN THE YEAR 2015 LEAVING BEHIND ONE DAUGHTER (MY WIFE) AND ONE SON, WHETHER MY WIFE AND MY BROTHER IN LAW HAS ANY RIGHT TO CLAIM SHARE IN THE ABOVE PROPERTY.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 January 2016

In a ruling that will restrict the right of women seeking equal share in ancestral property, the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force.

The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.