Vishal Maske 06 September 2022

absolutely ownership

if somebody acquire property by way of decree of partion in 1953 against his father and brother can he became absolute owner of this property after commencement of hindu succession act 1956 ? can he dispose of that property by way of his own will ? Please guide.

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8 Replies

Dr J C Vashista (Advocate) 07 September 2022

Yes, the share of (someone) received in decree of partition is absolute property, which "someone" can dispose it of.

How is it concerned to enforcement / commencement / applicability of Hindu Succession Act, 1956

Vague and confusing facts if it is a real story.

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P. Venu (Advocate) 07 September 2022

Why "if" - please post complete facts, if a real query.

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Vishal Maske 11 October 2022

Real fact it my father got property thought court partition in 1953. My Stepsisters ( daughters of my father and his 1st wife) File suit against me and my father in 2010 for same property will this property treat as absolute property of my father or ancestral property of my Father?

P. Venu (Advocate) 11 October 2022

It is the personal property of your father. But why suit against you as well. It appears you are playing hide and seek with the facts.

Vishal Maske 13 October 2022

No no sir...No playing Hide and seek... it little miss communication my father got property in 1953 through court partition between my uncles and my grand father that property was ancestral before partition but now amendment in section 6 in Hindu succession Act. my sister are trying to new partition in property which is got my father in 1953 as his share. the main question is...will that portion of property ( my father share) is absolute or ancestral? can my sister demand partition?

Dr J C Vashista (Advocate) 15 October 2022

Repeated query.

Please go through response of experts in original thread

Vishal Maske 14 January 2023

if property acquire by partion in 1953 is hindu succession act 1956 applicable for same property? if hindu succession act 1956 is not retrospective.?

Dr J C Vashista (Advocate) 14 January 2023

Hindu Succession Amendment Act 2005 has retrospective.effect qua share of daughter(s) in ancestral property.

You have stated to have been contesting suit for partition filed by your step mother and siblings for the last 13 years through some able, competent and intelligent lawyer of your faith and choice, did you confirm the legal position qua effect of HSA 2005 from your counsel engaged and paid by your father/ you ?

Prima facie it is a time pass academic and repeated query.